Agent Down
by southerncrossgirl
Summary: Now Completed! An unsolved investigation into robberies at Naval supply warehouses is reopened by the team after the shooting of one of their own.
1. Default Chapter

**Disclaimer:** The show NCIS and its charcters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

A/N – Hi this is my first real attempt at fanfic so I hope it's okay. This is a work in progress but before I went any further with it I wanted to test the waters and see if it was worth continuing with.

Thanks in advance for to both good and bad feed back and hope you enjoy this.

PROLOGUE

NCIS Special Agent Tony DiNozzo smothered a sneeze as he crouched in his hiding place, watching the Naval Supply warehouse and waiting for the thieves to strike again.

Oh great He thought to himself. I'm going to get a cold out here It was raining, a steady drenching rain and there was absolutely no shelter to be had and DiNozzo couldn't afford to move from his position if he wanted to get the photos that would incriminate the culprits. There was no doubt that this was an inside job and while Tony knew he had to be here, there were more then a dozen places he would much rather have been on a cold, wet night at 2am in the morning.

Well it's not like Gibbs sent you out here he mentally told himself. You came out here on a hot tip so you've nobody to blame but yourself for this discomfort you're enduring With a sigh he shifted position slightly to ease a cramp in his calf and then smiled as he saw several shadowy figures approaching the warehouse.

'Bingo,' he muttered under his breath. 'About time,' he lifted the state of the art camera ready to take some 'happy snaps' that would nail these thieving parasites and ensure they didn't steal from the Navy again.

At that exact moment every muscle in his body tensed as he heard a noise behind him, just a slight noise that could have been rain on the bushes or a nocturnal creature scurrying for shelter but every instinct screamed that it was more then that and as he turned towards the direction of the sound he saw the muzzle flash, then felt a searing white hot pain tear through his chest and he was pitched off his feet and onto the ground that was rapidly being mud. It all felt like it was happening in slow motion and Tony couldn't believe that it was all going to end for him right here and now in the middle of nowhere and in the rain. No this was not the way he expected it to end and as he lay gasping for each painful breath he looked up into a face that he knew and tensed himself for the bullet he knew was coming, the bullet that was going to end his life.

'I'm not going to make it that easy on you DiNozzo,' the shooter informed the dying man as he and an accomplice who appeared from the shrubbery set about beating Tony to within an inch of his life, then with a sinister laugh they left him to die a slow and painful death in the rain that had turned into a torrential downpour. As the rain lashed his body Tony knew that the crime scene was being totally destroyed, washing away any evidence of his killers. He knew he was dying that nothing could save him now, he'd be found without doubt, but by the time he was it would be way too late, and with each ragged breath he took sending scorching pain searing through his body and with his life's blood slowly ebbing away, he closed his eyes and surrendered himself to the darkness that was rapidly descending. There was so much pain and with all hope gone all he wanted was for the pain to go away.

CHAPTER 0NE

(1)

**NCIS OFFICES 9AM**

'Where is DiNozzo' Jethro Gibbs stormed into the NCIS office with two cups of coffee in his hand, noted that Tony wasn't at his desk at this hour of the morning and then nailed Special Agent Caitlin Todd with a hard look. 'Well where is he.'

'He's not in yet Gibbs,' she replied noting the time and thinking what deep crap Tony was in this time and what creative excuse he was going to come up with when he did arrive.

'I can see that Kate,' came the terse reply as he put down his coffees and shrugged off his jacket. 'That didn't however answer my question.' It was clear that Gibbs was in a foul mood and Tony's absence had naturally done nothing to improve it, only serving to make it darker.

'Yes Gibbs and aside from the fact that he isn't here I don't know where he is either. I'm not his mother or his keeper you know.'

Before Gibbs had a chance to growl a reply his phone rang and he snatched it up. 'Gibbs,' he answered gruffly and Kate watched as the colour literally drained from his face. Something was up and it wasn't good. Did it involve Tony and if so what sort of trouble had her colleague gotten himself into and was it the reason for him not being here.

'When?' She heard him ask and watched him scribble something on a piece of paper. 'Okay which hospital. Right we're on our way,' he banged down the phone. 'Kate,' he picked up his jacket. 'Come on.'

'What's happened Gibbs.' Kate jumped up and grabbed her own coat. 'Where are we going? You said something about a hospital.'

'That's where we're going Kate.'

'Why?' Her face was a momentary question mark and then quickly replaced by a frown.

'Tony's there,' he told her his face grim. 'Beaten and shot. He's in surgery at the moment but... 'He left the sentence unfinished and Kate felt her heart lurch because she knew exactly what that but, meant.

'Oh Tony, she thought as she bit her lip and quickly followed Gibbs from the office. How on earth did you get yourself into this dire predicament.

(2)

Kate, Gibbs & NCIS Director Tom Morrow sat in the waiting room of the hospital. Well to be more precise Kate and Morrow were sitting while Gibbs paced up and down like a caged lion. 'Stupid bloody cowboy. What did he think he was doing out there alone? If he doesn't die from these injuries I'll bloody kill him myself,' he muttered as he continued to pace.

They'd been filled in on what had happened to Tony upon their arrival at the hospital, where he'd been found and how it was only the chance discovery by a passing patrol that had given him this however tenuous chance of survival instead of a direct trip to Ducky's morgue.

'Gibbs would you sit down please,' Morrow requested of his Agent. "Pacing isn't going to help.'

'With all due respect sir,' Gibbs started to say when they saw a doctor walking briskly towards them.

'You're here about Mr DiNozzo,' she enquired of the trio.

'Yes,' Gibbs pulled out his identification. 'How is he. He's obviously made it through surgery. Hasn't he?'

'You're not family,' the doctor frowned. 'I really should speak with his next of kin and... '

'Do you see any family here for him,' Gibbs snapped and Morrow put his hand on his shoulder but Gibbs was fuming and simply shrugged it off. 'Do you see any next of kin who could be bothered to be here.' he continued. 'We,' he waved his hand to include Kate and even Morrow. 'We are probably the nearest thing to family he's got to be here for him.'

This surprised Kate. She'd never really heard Tony talk about his family and yet she somehow didn't think they were dead and she couldn't believe that they wouldn't come to the hospital to be with their son when he was fighting for his life. She'd have to ask the right question of the right people to find out more but she certainly wasn't going to ask Gibbs.

'I see,' Doctor Marion Rich nodded. 'Alright,' she sat down and the trio followed her lead. 'Yes he's come through surgery although we did lose him once on the table. Considering his injuries I'm amazed that he's made it this far. He's a fighter that's for sure,' she then proceeded to list for them the exact injuries that Tony had sustained using medical jargon that made Kate wish that Ducky was present to translate into simple English for her. Still she understood enough to know that despite his fighting will to live the overall prognosis for survival was grim.

'When can we see him.' Gibbs enquired and it was clear it was a statement not a question.

'You can come with me now. He should be back in ICU but he naturally won't be aware of your presence and you must be prepared for what you're going to see. He's pretty banged up as you can imagine considering the injuries I've just advised you of.

Gibbs nodded as the trio followed the doctor into Tony's ICU ward and Kate couldn't help herself and she audibly gasped as she saw her colleague, and her friend lying there on the stark white hospital sheets, his pallor maybe one shade less white. He was covered in bandages and hooked up to machines that beeped and hissed abnormally loud in the cold and silent room. Yes he was still alive but from where Kate stood it looked like that the essence that made Tony who he was had already gone and only a lifeless and empty shell remained.

Gibbs took a step towards the bed, he'd been a marine, he'd seen men die, had a man die in his arms once, seen too many good men go down in the line of duty before today. Taking a deep breath he took several more steps towards the bed and remembered a conversation he'd once had with an FBI agent named Fornell. There had been a missing FBI agent and Fornell had asked the question of Gibbs, who had not approved of the Federal Agents methods and the fact that he'd lied to him, wouldn't you do the same thing if it was your man. Tobias had known the answer without Gibbs voicing it and now Gibbs was faced with his own Agent down and he was determined to do anything to nail the person or persons responsible for putting 'his man' in critical condition.

'I want the bastards, who did this,' he growled his blue eyes two hard sapphire chips and his jaw clenched tightly. 'We'll get them Tony,' he told the man on the bed. 'Nobody does something like this to one of my people and gets away with it. Nobody.' He swung around to Kate. 'Pull the files on the naval supply robberies from several months back. He was found near a supply warehouse so it has to be connected. I want everything we've got on those unresolved investigations and I want it yesterday.'

'So do I Gibbs,' Kate assured him as she cast a one last glance at her comatose colleague. 'I'm on it.' she strode past Gibbs and to Tony's bedside where she took his hand in hers and gave it a gentle squeeze. 'You hang in there Tony do you hear me,' she said softly before gently placing his hand back on the bed and briskly leaving the ICU ward before Gibbs or Director Morrow saw the tears that threatened to spill down her cheeks.

Gibbs watched her go, paused for just a moment before he turned on his heels and left the ward as well almost bowling the Director over as he did so.

'Gibbs,' Morrow recovered and hurried after him. 'Gibbs you and Todd are not to work this investigation. DiNozzo is a close colleague and that makes you far too personally involved. You're too close to it and... '

Gibbs paused and turned slowly to face off with his boss. 'And what Sir. With all due respect we are going to work this case and I can assure you that both Agent Todd and I can conduct ourselves and this investigation in a totally professional manner.'

'Well I'm not so sure.'

'I am.'

Morrow sighed and ran a hand over his face in weary resignation. 'Just what part of NO don't you understand Gibbs.'

'It's not in my vocabulary at times like this sir. Now is that all because if it is I have to get back to the office.'

'Yes Gibbs,' Morrow knew this was oh so wrong, he knew that they shouldn't be working this case but he also knew that short of tying or locking Jethro up nothing would prevent him from conducting this investigation and hunting down those responsible for Agent Tony DiNozzo's current condition.

'Then I'll be seeing you sir,' Gibbs said before he strode purposefully away, grim determination etched on his face and vengeance in his heart.

(3)

Kate was sitting at her desk reading over the files that Gibbs had requested that she pull, if there was something in there that had send Tony out to the naval supply warehouse on his own then she couldn't see it. It was a cold case, stalled going nowhere and...

'KATE,' she jumped slightly as she heard her name called and turned to see Abby come charging into the office looking frantic. 'Oh my God,' she spluttered. 'I just heard. What happened. How did it happen. How is he?'

Kate sighed. 'Tony was shot and savagely beaten. He was undertaking lone surveillance of a naval supply warehouse that was robbed last night so obviously he was discovered and paid the price for that,' she sighed again. 'He's not good,' she looked across at Tony's desk almost imagining him there giving her a cheesy grin as he glanced up from the computer. 'It's not looking too promising at the moment Abs.'

'Oh God,' the Goth girl shook her head. 'That is just so wrong but why was he out there on his own? I mean think about it Kate. You can say a lot of things about Tony but taking that sort of risk isn't one of them, at least I don't think so. He'd know it would be getting on Gibbs bad side so much and...'

'DAMN IT,' both women jumped as Gibbs shouted curse startled them and a cell phone went hurtling past, barely missing Abby and smashing into the desk.

'Ahhh something wrong Gibbs,' Kate ventured to ask.

Gibbs fixed her with a hard look. 'He left me a message, Tony left me a message on both the home and cell phones. He told me what was going down, he was looking for backup and damn it I was too bloody busy with my freaking boat to take the calls.' He was angry at himself, well furious was more to the point. 'I deliberately put the phones where I couldn't hear them, Tony even says I guess you're working on the boat or fallen asleep down there again. I hope to get some good shots and then we can nail these thieves hey.' It was almost as if Gibbs had committed the message to memory. Gibbs turned to Kate. 'Did he try to contact you.'

'No,' she shook her head. 'There were no messages on my cell or home phones but,' she blushed slightly. 'I had a date last night. Tony knew about it, I guess he didn't want to disturb me.'

'Well that explains why he ran solo,' Abby chipped in. 'But one thing guys don't you find it strange that whomever did this to Tony didn't finish the job. From what you told me Kate it was an up close and personal attack. Tony would be able to identify those who did this too him so why leave the job unfinished?'

'Maybe they thought he was already dead,' Kate's brow creased slightly. She could see where Abby was coming from.

'Either that or they got sloppy,' Gibbs picked up the cell phone and sighed. It was fritzed well and truly and putting it on the desk he turned and crossing his arms looked at the two women. 'I'd say they got sloppy because if it had been me in their position I'd have made sure that my victim was dead with a couple of bullets to the head even if it wasn't necessary. Better for overkill and be sure then to end up sorry.'

'Whoa Gibbs thank God it wasn't you who attacked Tony then,' Abby shook her head. 'And remind me never to get on your bad side.'

'Never Abby,' Gibbs told her with a forced smile. 'Kate,' he switched his attention to Todd. 'What do we have in those files that might shed some more light on DiNozzo's hot tip.'

'Nothing boss,' Kate sighed.

'Well next time he gets a hot tip lets hope its running at Churchill Downs or Santa Anita ,' Abby muttered trying to lighten Gibbs mood but knowing it wasn't really going to help and she was right, Gibbs ignored her comment, it was like she'd never even spoken.

'Damn,' he thumped the desk hard. Gibbs was beating himself up and both women could see that. He was feeling as if he should have been there for Tony when he called and in a way Kate was feeling the same way, she was wishing that Tony hadn't done the chivalrous thing and that he'd called her. She had had a wonderful evening with Pete and she wouldn't have been pleased to have received such a phone call had it come but if it had made the difference to Tony sitting here in the office and him lying in a hospital dying she knew with hindsight which she would have preferred

'Jethro,' Gibbs glanced across at the elevator as Donald 'Ducky' Mallard came hurrying out. 'I just heard the news about Tony. How is he.'

'Not good Ducky,' Gibbs shook his head. 'Kate fill Ducky in I've got something I have to do.' he walked over to his desk, sat down and punched in some numbers and waited for the person he was calling to answer

'I'm arranging for a twenty four hour guard on Tony's room,' Gibbs told those in the room, knowing they wanted to know what was going on. 'If his attackers got sloppy or thought he was already dead then the moment they realise they job hasn't be completed then they'll probably have another crack at finishing the job and I'm not going to give them that opportunity,' he stopped as his call was answered and several minutes later he hung up the phone. 'Done,' he nodded standing up 'I'll be back soon,' he turned to Kate. 'I want you to run down the name Johnson through the data base. Tony said in his message that Johnson has come up with a lead. I have no idea who Johnson is and I want him tracked down.'

'Oh dear Jethro,' Ducky pushed his glasses up his nose slightly. 'Couldn't have been a more common name could it.'

'Yeah it could have Ducky,' Gibbs told him as he left the office. 'Brown Jones or Smith would have been worse, KATE'

'You want it yesterday,' Todd finished for him and he nodded at her before he left the room.

'So Kate what is the extent of Tony's injuries,' Ducky asked and listened intently as Kate told him what the doctor had told them.

'Oh My,' Mallard shook his head. 'Not Good. Not good at all.'

'Hey come on Tony's tough guys,' Abby tried to get some positive vibes going. 'You think he's going to check out on us as easily as this.''

'It is possible from what Kate has told us Abby,' Ducky said sagely. 'Very possible although you are quite right Abby we must try to remain positive. While there is life there is hope.'

'But what if he doesn't make it Ducky,' Kate asked, almost afraid of the answer.

'Well then we'd have to go on Kate,' he put a hand on her shoulder. 'You do care about him don't you. I can tell that you do care about him and,' he glanced at Tony's empty desk. 'Miss him already. Place wouldn't be quite the same without him would it.'

'You're right Ducky,' Kate forced a smile ' Place wouldn't be the same if he wasn't here,' we just can't let him know how we feel when he gets back. I mean how much we really missed him, If we did we'd never hear the end of it, you know how he tends to go on at times.'

'Good on you Kate,' Abby punched the air. 'You just said when Tony gets back you're picking up on the positive thinking.'

Kate nodded as she turned back to her computer to try and track down the mysterious Johnson. 'Oh guys,' she suddenly remembered a question she wanted to ask and both Abby and Ducky stopped and looked back at her. 'What is it with Tony's parents? Why aren't they here?'

'I think you'd be better to hear that answer from Tony himself,' Ducky told her. 'It isn't my place to say.'

Kate looked at Abby who shook her head. 'Sorry you'll have to ask him.'

Kate was frustrated everyone obviously knew except her. 'I just don't understand. Their son is in the hospital dying and it's like they don't care.'

'As I said Kate I wish I could tell you but I can't,' Ducky said. 'I'm sure considering the circumstances Tony will tell you when he's recovered. Come on Abby, Kate has work to do,' Ducky said and the pair left.

If he recovers Kate blinked back the tears that threatened again. Damn you Tony she glared at his desk then wiped at her eyes and started to search for the unknown informant named Johnson.

(4)

It was late afternoon, the sun was disappearing behind the horizon and Kate had come up with exactly 70 possibilities for the mysterious Johnson. Well it could have been a lot worse she reasoned as she stood and stretched the kinks out of her body, rolling her shoulders and her neck. She'd already excluded one third of the list and it was getting late, maybe she should try to contact the rest of them in the morning. She looked at the clock. Gibbs still hadn't returned and she couldn't help but wonder where he'd gone, he hadn't told her where he was going, she cast a glance at the shattered cell phone on the desk, and she naturally couldn't contact him.

With a sigh she closed her folder, picked up her jacket and switched off her computer, maybe she'd swing by the hospital on her way home, see if there was any improvement in Tony's condition since this morning. Heading toward the elevator she looked across at DiNozzo's empty desk, yes Tony could be a pain and there were times when he certainly didn't act his age and yet he was a good Agent, a friend and a colleague and the place wasn't the same without him around. It also disturbed her that his family hadn't come to the hospital. She just couldn't understand that, family was family after all, although from the sounds of things Tony's folks had obviously cut all ties with their son and Kate couldn't help but wonder what on earth he'd done to deserve that.

Stepping into the elevator she rubbed at the back of her neck and pushed the button. Yes she would drop by the hospital, just spend a few minutes with him even though he wouldn't know she was there, which was good in a way as he might get the wrong idea if he did. However she wanted to go, somebody had to care, nobody deserved to be laid up in hospital in critical condition with nobody to care about them.

Thirty minutes later she was showing her credentials to the officer who was posted at the door, he checked his clip board and nodded her through, Kate noting that three DiNozzo names appeared on the list obviously on the off chance that one or all of the family would make an appearance to see their stricken son and brother , although from what Gibbs had said that probability seemed highly unlikely.

Entering the room she paused in surprise to discover Gibbs sitting beside the bed of his injured agent. So he did have a heart after all, he did care and obviously liked Tony despite DiNozzo believing otherwise. Then again was it just guilt that had driven Gibbs to be here, afterall Tony had tried to contact the boss before heading out alone and ending up in his current condition.

'Gibbs,' she acknowledged him. 'How long have you been here.'

'Not long,' Gibbs looked up at her. 'It's not doing Tony any good having any of us sitting here on our backsides instead of being out and trying to find the person responsible for this. Any luck with Johnson.'

'I'm still running them down,' she told him pulling up a chair to sit beside him. 'What about you?'

'I went out to the site where they found him. Completely destroyed by the rain, everything was gone, not even a muddy footprint was salvageable.'

Kate nodded and the pair sat in silence, the only sound in the room, the hiss, buzz and beep of the machines Tony was attached to.

An hour later Gibbs turned to Kate. There hadn't been much conversation between the pair anyway, each had been lost in their own thoughts as they sat there. 'Lets go home,' he said. 'We've got to make an early start of it tomorrow.'

'That sounds good to me,' they both stood said goodnight not goodbye to Tony, for goodbye would almost seem like an final salutation, and neither looked back at the man on the bed as they left the ICU ward.

'We're getting an extra man tomorrow,' Gibbs told her as they waited for the elevator. 'Temporary assignment of course.'

'Of course,' Kate agreed but part of her was scared. Scared because after what she'd just seen in that room, she was almost convinced that there very easily could be nothing temporary about the Agent who would joining them tomorrow.


	2. Chapter 2

**Disclaimer:** The show NCIS and its charcters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

A/N Thank you to everyone for your feedback I was totally floored by the response.

Chapter Two

(1)

Gibbs couldn't sleep and he couldn't work on his boat because at this moment he loathed the sight of the wretched thing. He couldn't sleep; he wouldn't work on the boat so he just sat alone in the dark turning Tony's cell phone over and over in his hands.  
  
Like his own phone it was ruined, although not from being thrown in anger. Tony's phone had been completely saturated as it lay in the pocket of the injured agent and whatever secrets it held concerning the phone call from the informant Johnson were now lost.  
  
He'd gone to Tony's place after leaving the hospital and discovered that no call had been made to his home phone so the call that had sent Tony on his solo mission had obviously been received on the cell. With a weary sigh he dropped the phone and rubbed a hand over his face, he knew he should try to get some sleep but he'd already tried and now at 0200 it was probably too late to try to get some sleep and too early to go into work.  
  
Maybe he should go down and do some work on his boat, it was his therapy after all and yet he couldn't help but look at the clock again and realised that it had been exactly twenty four hours since Tony had been gunned down.  
  
With another sigh he closed his eyes, he felt guilty in away, responsible for what had happened to DiNozzo, he felt as if he'd let Tony down by not being available to him. The trouble with Gibbs was that he could be too hard on himself at times and this was one of those times as he sat there in the dark and thought about Tony DiNozzo.

There was little doubt that he was a good Agent. Yes, Gibbs didn't give out compliments to him all that often but that was just the way he was. He also knew that considering Tony's childhood, the way his old man had treated him never giving any compliments, always criticising always comparing him unfavourably to his older brother that maybe he should cut DiNozzo some slack now and again but Tony could get over exuberant at times as Kate said he did tend to go about things. As it was the younger man just sucked up any disappointment he may have over Gibbs lack of compliments and keep on going. Even though he looked for the occasional pat on the back it was like he wasn't really expecting anything from anyone in that department anyway.

Jethro opened his eyes again and gazed once more at the clock. He really hoped that Tony realised that he was appreciated and an important member of the team. He then started to think about what had caused the rift between Tony and his family. They'd had his future wrapped up in a parcel all nice and neat but it wasn't what the youngest DiNozzo had wanted to do and now he was the considered the biggest disappointment in the family, the twisted branch on the family tree, the black sheep and yes they'd disowned him but damn them this was a matter of life and death and who cared now if Tony had entered law enforcement against his families wishes, they should be here, and yet he knew that the proud family would no more swallow their pride then stubborn damn Tony would.

Gibbs glanced at the clock yet again. Damn it clock watching wasn't going to make the time go more quickly, maybe he should go and do some more work on his boat but he knew that his heart just wasn't in it and so he simply sat in the dark and watched the hours tick by until the sun started to rise heralding a new day and the fact that Tony had made it through the first crucial twenty four hours. However Gibbs new that while one hurdle had been jumped DiNozzo still had a hell of a long fight and a few more hurdles ahead of him on his road to recovery.

(2)

Kate was sitting at her desk, just before seven the next morning, she still had a lot of names to go through and she knew that Gibbs had wanted them to make an early start. 'Yes alright thank you,' she hung up the phone and sighed. 'It was highly unlikely that any of these Johnsons on the list were going to admit to being Tony's informant considering what had happened to Tony.

She glanced at the clock and frowned. Gibbs hadn't arrived yet and he'd been the one who had practically demanded the early start but even if he hadn't she would still have been here and she was sure that Gibbs would be somewhere close by even though he wasn't in the office. With this belief she picked up the phone again, and dialled the number of the next Johnson although she wasn't very hopeful that the Petty Officer would be able to, no, make that willing to help her.

Two hours later Kate was ready for another coffee, there had still been no sign of Gibbs and she couldn't help but wonder if he'd gone back to the hospital to check on Tony or maybe some other lead had come that he hadn't advised her about. Oh well it wouldn't have been the first time Gibbs had kept her out of the direct loop and she could deal with that. She knew after all that wherever he'd gone it would be directly linked to catching Tony's attackers.

'Good morning,' she looked up of a voice she didn't recognise greeting her, then watched as the new arrival calmly walked over and dumped his gear on Tony's desk.

'Who are you and what do you think you're doing?' Kate asked. She knew he must be the temporary agent but she wanted to know his name and why he was settling himself at Tony's desk. Her eyes narrowed as the man whom she guessed to be somewhere in his mid to late forties raked a hand through close cropped blonde hair and sneered at her.

'Special Agent Simon Jesmond,' he told her walking over and perching himself on the edge of her desk the way Tony had done so many times in the past. However, she'd never felt threatened or intimidated when Tony had done so, it had been one friend talking to another almost and Kate knew that there was nothing friendly about this man. "I'm DiNozzo's replacement,' he told her before standing and walking back to his desk. And I'm setting up my workstation girlie.' he didn't seem to notice or care that Kate bristled at this. 'Jeez you could have cleaned up the desk for me. I'm not taking over all these,' he picked up the files that Tony had been working as if they were something distasteful.

'The name is Caitlin Agent Jesmond,' she told him crisply. 'Special Agent Caitlin Todd, not girlie and ....'

'Yeah whatever,' came the reply, Jesmond not even looking up at her. 'Just get this junk off my desk and onto yours. Like I said I'm DiNozzo's replacement around here not his maid service.

'Temporary replacement.' Gibbs entered the office and snapped. 'Nothing permanent about this assignment Jesmond. NOTHING!"

'Well there will be when DiNozzo kicks off this mortal coil. I've heard he's not suppose to make it and this gig has pretty much been promised to me when he doesn't.'

That comment made Gibbs see red, it was far worse then waving a red rag at a bull and he literally charged at the new arrival and grabbed him by the scruff of the neck. 'That is not going to happen, understood,' he growled pressed nose to nose with the hapless agent.

'WHAT!' Jesmond growled back. 'If DiNozzo is stupid enough to go and get himself so badly injured that the talk is he won't make it then nothing you say or do is going to change that. Now get your hands off me Gibbs or you'll be in severe trouble.'

Gibbs ignored Jesmond's threat and glared even harder. 'You don't even know Tony DiNozzo, he's a fighter and he won't let this beat him, he'll beat the odds. Furthermore I will be speaking with Director Morrow and advising him that I do not want you on my team on anything more then a temporary basis. Actually I really don't want you here at all, but unfortunately we need the extra man power.'

'Take your hands off me,' Jesmond snarled again as Gibbs released him with a snort of derision. 'Hey that was an assault, you saw that didn't you girlies,' he said looking from Kate to Abby who had just arrived in the office to deliver something to Gibbs. 'You saw what just happened, an unprovoked attack.'

'Saw what?' Kate asked innocently with a sweet smile on her face. 'I didn't see a thing,' she turned to Abby. 'Did you?'

'Nope not a thing,' the lab technician shook her head. 'Not a goddamn thing.'

'Oh that's right,' Jesmond snapped. 'Stick together.' he looked around to see if there was anyone else in the office that could and would corroborate his story about the assault but there wasn't. 'This is not going to stop here Gibbs,' he growled after Jethro who simply waved at him over his shoulder as he walked away so he turned and glared at Kate and Abby. 'Don't either of you think this incident is going to stop here and don't believe for one minute that I am going anywhere. I'm assigned here and I don't care if you like it or not I'm staying here until the Director tells me otherwise.'

'We'll see,' Kate said as she turned back to her computer then picked up her phone to call Lieutenant Anita Johnson a call she'd been forced to abort when Jesmond had entered the office.

(3)

Anita Johnson was scared, damn it after what had happened to Tony DiNozzo she was fearful for her own life considering she'd been the one to give him the information in the first place. There was more to this whole situation then just stolen goods from a supply warehouse, there was black market drugs and two murders although nobody even realised that the dead officers were dead, at least not yet.

Hurriedly she tossed some more clothes into a suitcase. Okay so she was going to go AWOL and yet that was better then ending up dead. She'd already had the feeling that she was being followed, watched and she was convinced that it wouldn't be long before those responsible for these felonies including the attempted murder of Special Agent DiNozzo would come after her.

She almost leapt six feet in the air when the shrilling of her phone shattered the silence of her home and she stood rooted to the spot, like a trapped animal in the shooters spotlight as it rang four times before the machine picked up.

'Hello this is Anita,' she heard her own voice greet the caller. 'I'm not in right now but if you leave your name and number I'll call you back as soon as I can. Bye.

Anita felt the fear course through her as the machine started and she waited for the caller to speak. Would it be a threat this time or another hang up instead she heard a woman's voice come on the line. 'Lieutenant Johnson. My name is Kate Todd, I'm a Special Agent with NCIS and I was wondering if you could call me back regarding a current investigation. Ahhh look,' the caller paused and became less formal. 'We have a name Johnson and we are just checking all the Johnsons we would appreciate it if you would call us to either assist us in the matter which if you are our mysterious Johnson you will know about or to eliminate you from our investigation. My number is.... ' she listened as Kate recited her phone and cell numbers before disconnecting the call.

Oh God they were onto her. How did they get onto her? Tony had promised that he would erase her number from his cell and she trusted him to have done just that and yet how had they known it was someone named Johnson. Had Tony muttered her name before he'd slipped into unconsciousness, that was the only explanation possible and yet he'd also promised her that the team would take down the ring and yet from the reports she'd heard Tony had been at the scene alone and she couldn't help but wonder why. Taking a deep breath she went to the answering machine and erased the call then started to pack her bags again, she had to get out of here, she just had to get away before she ended up in a hospital bed or worse.

Finally half an hour later she was packed and picking up her suitcases she headed for the door, she didn't know where she was going, or what she was going to do when she got there she just knew she had to get away from here. With one last glance around her living room and squaring her shoulders she headed for the front door and opening it she screamed as she saw two men standing there both whom she knew only too well, one of them holding a Sigsaur, probably Special Agent DiNozzo's stolen weapon and it was pointed straight at her chest.

'Going somewhere Anita,' the one with gun chuckled as he fired the weapon pitching the young woman backwards like a rag doll. 'Oh yes,' he stood over her already lifeless body. 'You're going straight to hell,' he put two more bullets into her head. Unnecessary yes, but then again you couldn't take chances could you, and two of his colleagues had already made a more then costly mistake by not finishing off DiNozzo. The one he'd trusted most had had his own agenda when he'd discovered it was DiNozzo staking them out but he should have finished the job and both he and the idiot he'd had with him had paid for their sloppiness and those two bodies would never be found, well, they'd be found but at least not for a long, long time.

With yet another evil chuckle he dropped the gun near her body. The gun belonged to DiNozzo and of course the Agent was in the clear for this killing but there would still be a lot of question asked and by the time the NCIS team unravelled the answers he and the rest of his band of thieves would be long gone. With his accomplice standing watch he crouched down and quickly started to rummage through the suitcase at the door, he wasn't worried about anyone coming to investigate the shots he knew he had plenty of time. He smiled as he found what he wanted then zipping up the bag he left silently chuckling to himself. Oh yes they were pretty much home free and whoever it was who had said that there was no such thing as the perfect crime didn't know what he was talking about.


	3. Chapter 3

A/N1 – Thank you for all the feedback, WEING1 I have tried to outline Tony's injuries as per your request but I have no medical knowledge and would have liked to have run the ideas by you as you are a nurse but sadly had no way to contact you. Anyway hope whatever I've written here (injury wise) is okay with everyone and if it's not medically sound then I do apologise.

A/N 2 – Sorry for the delay in posting this chapter. Real Life has been so out of control at the present time but I will try to lift my game and get more written and post more regularly.

A/N 3 – To a very special friend who has offered words of advice and encouragement I want to say thank you! A.T. you are simply the best.

**Disclaimer:** The show NCIS and its characters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

Chapter Three

(1)

It was lunchtime and Kate stood and stretched, she was starving and she decided to go and get some lunch and maybe drop by the hospital and see Tony. There had been no calls concerning his condition and there was an old saying no news is good news. Of course that meant that his condition hadn't improved but it also meant that it hadn't deteriorated either. With this thought firmly in her mind, she locked her computer, picked up her handbag and headed out of the office.

A short while later she was striding purposefully towards Tony's ward, she smiled at the marine on watch, a young man named Mark who smiled back and nodded at her. 'He's still the same Kate,' he told her. 'He's got a visitor at the moment.'

'Really,' Kate raised an eyebrow. 'Who is it?'

'Hmm.' He checked his clip board. 'An Abby Sciuto,' he told her. 'She said she works with him. Her name is on the list and her credentials checked out.'

'Yes she does work with us,' Kate smiled as Mark sighed her in and she went to the door just in time to see Abby lean over and plant a tender kiss on Tony's cheek, a kiss that was very close to the corner of his mouth and from her vantage point it didn't look like a slip on Abby's part. She couldn't hear what Abby was saying to her partner but the way she was looking at him and holding his hand she suddenly felt like an intruder although she couldn't believe that Abby and Tony were.... She shook her. No, that just wasn't possible. Was it?'

As if she knew that she was not alone in the room Abby looked up and her cheeks coloured. 'Oh hi Kate,' she jumped to her feet. She was obviously flustered. 'I just dropped by to see Tony, tell him to get his butt out of the bed and back to work.'

'Sure Abby,' Kate couldn't help but grin.

'Hey you and Gibbs aren't the only ones who can visit him I've got visitation rights too and so does Ducky. We really are the only family he's got.'

'I'm not saying anything Abby,' Kate told her as Sciuto hurried past her. 'Hey why don't you wait up and we can go back to the office together. '

'No it's fine' Abby told her obviously wanting to make her escape and she quickly hurried away without another word leaving Kate almost convinced that there was something going on between the pair and she was unable to believe that she hadn't picked up on it. No You're crazy Todd she told herself before walking over to Tony's bedside and taking the chair that Abby had so hurriedly vacated she took his hand in her own and started to talk to him softly. She'd heard that people in Tony's state could hear those who spoke to themshe wasn't sure if that was true but hell if it was true and Tony could hear her, hear any of them then at least he'd know that he wasn't alone as he fought this battle for his life.

'Well you really don't believe in half measures do you,' she shook her head. 'Eight broken ribs, severe abdominal contusions, a punctured lung and yes that tube down your throat looks so damn uncomfortable and I guess it is but it's important because it's helping you breath. She sighed. 'Then there's the bullet, it nicked your lung and lodged close to your heart, we got that out and now we're just waiting to find weapon that fired it to make a positive match,' she paused and glanced at the electrocardiograph that monitored his heart beat, not only were they worried about the fact that the bullet had gone so close to his heart but also any damage that may occur due to some lung congestion that they were trying to clear.

'Oh you're a right mess Tony I'm telling you, you lost a lot of blood,' her eyes travelled to the IV bag that pumped the precious life giving red stuff into his veins, 'and you lost your spleen but that you can live without. Now I know all these injuries are pretty serious but just have to keep hanging in there Tony, keep fighting and damn well beat this. I mean,' she shook her head. 'Anyway, you know the replacement that they sent us is a real nightmare, I've never met such a pig of man in my entire life and I've encountered some real pigs in my time. His name is Simon Jesmond, do you know him? Anyway he storms into the office this morning like he owned the place, causing uproar and being very disrespectful. Of course Gibbs sorted him out, 'you should have seen it Tony,' she stopped realising how stupid that sounded because the only reason Jesmond was at NCIS was because Tony was lying here in a hospital bed attacked to all these machines so naturally he couldn't have been in the office to see it although she knew that her partner would have gotten a real kick out of the way Gibbs had handled Jesmond.

'Anyway,' she continued. 'I'm sure Abby told you all about the little incident when she was here and what is going on between you two? I mean come on Tony the kiss she gave you wasn't just a friendly peck and, well okay maybe I am jumping to conclusions but she sure got into a flap when she saw me standing there and realised I'd seen her kiss you and then she took off like a startled animal,' she chuckled at the memory and then sobered.

Also what is it with your folks? What on earth did you do to piss them off at you so much that they've obviously cut you out of their lives? Nobody will tell me Tony so you are going to have to tell me yourself now aren't you.' Naturally she didn't get an answer, not that she expected one at this time but she did expect him to tell her when he was awake and on the way to full recovery.

After a short silence in which she'd simply sat there and held his hand she glanced at her watch and knew that it was time to leave. 'Well I better be going or Gibbs will have my ass in a sling although you'd enjoy seeing that happen wouldn't you because better my ass then yours you'd be saying,' she smiled and bending down kissed him on the forehead. 'You really have no idea how lucky you are, I mean you have got a number of severe injuries but at least there is no brain injury,' she gazed down on him and smiled slightly. 'You know under different circumstances I'd probably say No brain to injure wouldn't I and,' she stopped and bit her lip, then blinked several times.

No, she shook her head, she was seeing things, she, had to be. Yet she would have sworn that she d just seen the slightest of frowns crease his brow at her teasing comment about no brain to injure.

"Tony,' she held his hand even tighter. 'Can you really hear me, hear us and know what we are saying to you. Hmm I think you can,' she ran a hand through his hair. 'I'd better watch I'm saying to you at that rate hadn't I. Don't want to say something you can use against me at a later time. Of course I could just deny it all, say you were dreaming or imagining it now couldn't I,' she patted his hand. 'I've really got to go but I'll come back and see you soon,' she told him before hurriedly leaving the hospital knowing that if she didn't hustle Gibbs would do far worse to her then put her ass into a sling.

(2)

It was an hour and a half after she'd left Tony and Kate was back in the office she'd finished calling the Johnson's on the list and none had come up trumps, only Lt Anita Johnson hadn't gotten back to her and she picked up the phone to call the woman again and leave another message when Gibbs came racing in. 'Come on Kate we have to go.'

'Go where,' she was on her feet.

'We found Johnson,' he told her grimly. 'Lieutenant Anita Johnson. Dead in her home, shot four times with Tony's missing piece. It was left at the scene.'

'Oh God,' Kate gasped as she followed her boss to the car, then, "Gibbs can I ask you a question.'

'Sure.'

'Well,' she told him what she'd seen or rather what she'd thought she'd seen at the hospital. 'Do you think it possible?' She knew it was silly, but it had been playing on her mind especially since Abby had ducked her head when she'd seen Kate come back and Todd was sure that her cheeks had coloured slightly.

Despite the current situation and the fact that they were on the way to a murder scene Gibbs couldn't help but chuckle. 'DiNozzo and Abby!' he shook his head. 'God Kate not in a million years. Absolutely not and remember rule 12.'

'But Gibbs,' she started to protest but he waved a hand at her.

'No buts Kate. Okay you saw Abby give Tony a kiss on the cheek but that's just Abby, she'd do the same if was Ducky, you or me in that bed. Abby and Tony? Never. Now come on we have a crime scene to get to.' He leaned back in the passenger seat as Kate cast him an I'm not so sure you're right about this one glance before starting the engine and pulling out of the car park The trip to the crime scene pretty was much conducted in silence as they were consumed by their own thoughts. Gibbs about the case while Kate, despite herself couldn't help but keep wondering about Abby and what she'd witnessed earlier. Yes there was rule 12 but after all rules were made to be broken now weren't they. Especially if you were sure you weren't going to get found out breaking the rule in the first place.

A short while later Gibbs and Kate stood over the body of Anita Johnson, Kate shaking her head. 'Overkill,' she commented to nobody in particular as she nodded the two shots to the head.

'As I said,' Gibbs replied not realising that she hadn't actually been speaking to him. 'Last time they got sloppy and left a loose end, one that can't be tied up neatly and they weren't going to make the same mistake again.

'I know,' Kate nodded, she knew what Gibbs was saying was true and how lucky Tony was to be still with them.

'Well, well the mysterious informant Johnson I assume,' Ducky and his assistant Gerald arrived. 'Now I wonder why it is no surprise to anyone to discover that Tony's informant is, or rather was a woman.'

'Because we all know Tony so well,' Gerald suggested as the pair headed towards the spot where the body lay.

Kate smiled slightly at this remark and then,' 'Ducky wait up.'

'Hmm yes Kate,' he turned back to her.

'Ducky do you have thirty seconds to spare please.'

'Oh I think I can manage that. Carry on for the moment Gerald I will be with you soon. 'Now how can I assist you Kate.'

'Well it's just,' Kate stammered suddenly feeling foolish.

'Yes go on,' Ducky pushed his glasses up his nose.

'Okay Ducky, this is going to sound silly but..' she took a deep breath and then plunged on. 'Okay do you think it is even remotely possible that Abby and Tony might be...'

'Be what?' Ducky smiled at her.

'Be in a relationship,' damn even hearing herself say the full question to someone out loud sounded totally and utterly ridiculous.

'Well Kate I have discovered in my lifetime that everything is possible, even that particular coupling. However that said, if you want my personal opinion on the matter I'd say that while it is possible it is very highly improbable. Why do you ask?'

'No reason. Thanks anyway Ducky it answered my question.'

'Well it seems like a very strange question to ask with no basis behind it,' he shook his head.

Kate was going to further deny any basis behind the question but changed her mind. 'Oh it's just that I went to see Tony in the hospital and Abby was already there and I saw her give him a kiss on the cheek but it didn't look the sort of kiss a friend gives a friend if you know what I and,' she shook her head. 'No you're right I'm making something preposterous out of absolutely nothing,' she looked past Ducky's shoulder. 'I think Gerald needs you.' She told him before racing off in the direction that Gibbs had disappeared and she couldn't help but wonder where that sleaze Jesmond was and what he was up too. Well did it matter, just as long as he wasn't within a barge poles length of her she was happy and it was clear that Gibbs was keeping him on the job but out of their hair as wel,l but for how long they could work it this way was anyone's guess.

'KATE,' she jumped slightly as Gibbs bellowed her name. 'Photos NOW!'

'Right,' she hurried over to where he was watching Ducky and at Mallard's nod she started to take photos of Anita Johnson's lifeless body.

Gibbs watched Kate taking snaps for just a second and then moved away to search for any clues as to why this had happened. He noted the suitcase near the door that made it obvious that Anita has going somewhere and going there in a hurry. From what he could see she was only taking the bare essentials and that she was obviously scared for her life. He headed over to the answering machine, there were no messages and he frowned for Kate had told him that she'd left a message and Anita had never returned it.

'Kate what time did you call Lieutenant Johnson.?'

She told him the time and he nodded, 'Ducky what about the time of death,' he listen as Mallard replied and his suspicions were confirmed. Anita Johnson had been alive at the time Kate had called, she'd deleted the message that Kate had left and died a short time later,' he pulled on a pair of gloves and commenced a more through search. This woman had given Tony information that had resulted in DiNozzo fighting for his life in hospital, now she herself was dead and Jethro Gibbs was grimly determined to get to the bottom of all if he before anyone else was killed.

When Kate had finished taking her photographs she joined her boss. 'What are we looking for Gibbs,' she asked him.

'Anything that might be relevant to this case,' the reply was gruff, as he lifted a picture off the wall and looked behind it. 'This woman gave Tony the information that almost killed him, could still kill him,' he added grimly. 'Now she is dead, shot with Tony's weapon and it's clear that she was scared and running away and that her killers intercepted her at the door before she could make good her flight.

Kate nodded. 'This place is untouched Gibbs what are we looking fo?. If the killer thought that there was something to find here he or they would have trashed the place looking for it but there has been no sign of a struggle and it's clear she was killed at the front door and then her killers left

'I know that Kate,' Gibbs literally growled. 'But there just might be something here,' he turned and glanced at the suitcase. 'Kate check the luggage see what she was taking with her.'

Kate didn't reply she just went to where the suitcase lay on it's side, obviously where Anita had dropped it when she'd been shot and she unzipped it and then gasped. 'Gibbs,' he walked over to her and he saw exactly what she was taking about. 'No woman would pack a bag like this, even one in a hurry.'

Gibbs nodded it was clear the bag had been searched and anything important that Anita may have been taking with her was now long gone. Walking to the front door and outside he looked around. One thing puzzled him, while this was not a densly populated area how could someone shoot another person four times, take the time to rifle through a suitcase and nobody heard or reported the fact that a firearm had been discharged.

'Because nobody wants to get involved Jethro' Ducky's voice startled him as Mallard came up behind him.

'Sorry Ducky,' he frowned.

'You're wondering how nobody could have heard the shots, how Lieutenant Johnson's killers could have killed her, rummaged through her suitcase and still gotten away.'

'It crossed my mind Ducky but I already know the answer.'

'Indeed Jethro, I knew you would but it still means that we live in a very sad world doesn't it.'

'Yeah Ducky I guess it does,' Gibbs nodded as Kate joined them. It certainly does.'

'Yeah well that's just the way it is Ducky,' Gibbs glanced over his shoulder at Kate, it was getting late but their day was far from over. 'Come on we have to get back to the Office,' he headed towards the car Kate running to keep up. I'll see you back at Autopsy Ducky.'

'Yes Jehro I'll see you then' Mallard waited until Kate and Gibbs had left before turning his attention back to Anita Johnson. 'Well now Lieutenant what say we get you back to my place and see what story you have to tell us although even at this point it's a pretty obvious tale now isn't it. Hmm.'

"Oh that creeps me out man,' Gerald shook his head.

'What does Gerald?' Ducky frowned

'The way you talk to the dead as if they can hear, as if they're still alive.'

'Oh Gerald,' Ducky gave a small smile. 'You have a lot to learn, son, a lot to learn. Now come on we have to get the Lieutenant back and see if she has any secrets to reveal.'

Gerald simply nodded as he zipped Anita into a body bag. The was no doubt that he liked and respected Ducky but with no pun intended sometimes Dr Donald Mallard could be one strange duck indeed.

(3)

**NCIS AUTOPSY**

**3 Hours Later **

'Talk to me Ducky,' Gibbs walked into autopsy which was situated in the basement of the building. Ducky had called to say that the autopsy was complete and now Gibbs wanted to know what if anything of importance that Ducky had uncovered.

Well Jethro there isn't much to tell really. Cause of death was from bullets, shot from a distance of less then two feet away. The first one penetrated the left ventricle causing instantaneous death. The second penetrated the left lung. The two bullets to the head were totally unnecessary and little more then our killer making a statement I dare say.

'That's all?'

'Well actually there was one more thing. She was pregnant. From the size of the foetus I'd say about three or four weeks.'

'Would she have known?'

'Well of course I can't read her mind Jethro but I'd say not. I mean if she knew was expecting and she'd seen what had happened to Tony due to the information she'd given him then I dare say she'd have taken flight a lot sooner then she did because she'd not only be protecting herself but her unborn child.'

'True,' Gibbs nodded. 'Okay thanks Ducky.'

'Please Jethro,' Mallard looked Gibbs up and down. 'Go home and get some sleep I know that you haven't slept since this happened to Tony have you.' Ducky didn't let Gibbs answer. 'You won't be any good to Tony if you end up in hospital yourself you know.'

"I know that Ducky. I'll get some sleep I promise there are just a few things I need to tidy up at the office and then I promise you I'll go home.'

'I hope so Jethro,' Ducky told him sternly. 'I hope so.' Although as he watched Gibbs leave autopsy he highly doubted that his friend would be heading home anytime soon.

Foot Note - I wish to advise that I am not writing a Tabby shipper sub story into this story. The incident with Abby and Tony is up to the reader's interpretation and if they share Kate's thoughts on the matter or Ducky and Gibbs convictions.


	4. Chapter 4

**Disclaimer:** The show NCIS and its charcters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

A/N – Thank you for your all for your reviews much appreciated. Cassie in answer to your question in Australia we have just seen Dead Man Talking so McGee hasn't been there so long for us. However I am aware that he has joined the show on a regular basis and I have written him into later chapters as part of the investigation team. Weing1( ) I'm glad I glad I did okay in the injury dept.

Chapter Four

(1)

**NCIS OFFICES **

**5.05 am **

It was just after five am and Gibbs woke up with a start. Lifting his head from his desk where he'd fallen asleep several hours earlier he rubbed a hand over his face, rolled his shoulder to get the kinks out and then stood and stretched. He felt a mess and he was sure he must have looked one as well. Coffee! He needed coffee and with a glance around the empty office he grabbed his coat and headed out of the office in search of a good strong cup of coffee. God knows he needed something.

This case was going nowhere fast, damn it everything seemed to lead to a dead end and putting the pieces together was proving harder then usual. Added to that Gibbs did not like Tony's replacement, Simon Jesmond and he resented the fact that he had not been given the final say in hand picking the agent. He had a good team, they worked well together, they got results and what he didn't need was friction and that was exactly what Jesmond was causing. Maybe he could have a talk with Morrow. The Director appreciated Gibbs opinion and would more then likely accommodate Gibbs request for the new man to be shipped back to the department he came from.

Yes that was one of the many things that was really irking Gibbs but it was nothing that couldn't be fixed but right now he needed coffee and something to eat and needed both badly. With a glance at his watch he saw that it was 0515 and he couldn't help but wonder how Tony was doing. He'd been to see him last night and had been told that his condition had taken an upward turn, only slightly but at least that was something. It was one small step forward and all Gibbs could do was hope that there wouldn't be any steps backward. That any improvement that was made wouldn't be wiped out by a sudden dip in his condition.

Stepping out of the NCIS building, Gibbs ignored the looks from several people whom he passed. He knew he looked like a wreck, he felt like one but while he'd have a shave and freshen up shortly he couldn't do anything without a decent cup of coffee and that just wasn't obtainable from the NCIS office. No there was only one place he could get the coffee he wanted and that was where he was headed before doing anything else.

(2)

**HOSPITAL**

**5.45am**

Tony DiNozzo's eyes flickered open slowly but it was almost as if he couldn't keep them open long enough to work out where he was. What had happened? Oh God he'd been shot and... Was he dead, no, dead didn't feel like this did it? Once more he tried to open his eyes this time managed to keep one eye open long enough to see that he was in a hospital room. How on earth had he survived? Well don't complain Tony he told himself as he saw a figure move towards his bedside.

'Hello,' an angel in white leaned over him, but of course it wasn't an angel was it because he wasn't dead. 'You're wake,' the pretty blonde nurse smiled as she checked his vitals. 'I'll just go get the doctor,' she told him.

Tony put his hand on hers to stop her, he had to get a message to Gibbs, had to tell Gibbs the name of the person who had shot him. 'Baaaa' he tried to tell the blonde angel what Gibbs needed to hear, he need to tell her because he could feel the darkness sweeping in on him again and he was scared if he went under once more he'd never wake up again. 'Baaaa.' he tried again but with a tube down his throat it just wasn't going to happen.

'No don't try and talk Mr DiNozzo, just relax it's going to be okay,' the nurse patted his hand.

'Baaa,' he closed his eyes frustrated as the darkness claimed him again and he lapsed once more into unconsciousness.

Nurse Kelly Tanner shook her head and quickly checked his vitals once more before continuing on her rounds wondering what the handsome man in the bed had been trying to tell her. Probably nothing, the guttural sounds he'd been making had not really made any sense at all aside from sounding like someone choking which was probably what it had been when he'd tried to talk with the tube still down his throat.

With one more glance at Tony she finished her duties in his ICU room, smiled at the marine sitting guard as he checked her out before she went to attended to her other patients.

(3)

**Hospital – Several Hours Later**

'What do you mean he woke up and then lost consciousness again?' Kate asked as she and Gibbs talked to the doctor. 'That can't be good.'

'It's not totally abnormal Special Agent Todd,' she assured her. 'Tony has suffered multiple injuries and we were not expecting him to regain consciousness anywhere near this early but a momentary awakening is not unheard of. 'Nurse Tanner did tell me that he was trying to tell her something. At first she dismissed it as him trying to talk and then choking slightly on the tube but she said he seemed desperate to tell her something but to the best of her knowledge it simply sounded like Baa.

'Baa,' Kate shook her head.

'Baa,' like the noise a sheep makes from what she told me.

'He was trying to tell her who attacked him,' Gibbs said as he cast a glance across at Tony. 'What were you trying to tell us DiNozzo. Is the bastard's first name starting with B or his surname?'

'I'm afraid only he knows that,' Doctor Rich said sadly. 'As I said his body has a lot of healing to do and we can't give you a guarantee as to when he'll fully regain consciousness. Of course he could float in and out until that happens, we can't predict that unfortunately.'

'I understand that.' Gibbs replied. 'Come on Kate we have to go,' he stood. 'You will let us know as soon as there is any change in his condition.'

'Of course we will Special Agent Gibbs, you have been marked down as the next of kin as there appears to be no blood relative to be here for him. Or should I say willing to be here for him.'

'So they do know' Kate asked the Doctor ignoring the look that Gibbs shot her.

'Yes they know and they didn't seem to care very much. Sometimes the depth of family animosity puzzles me especially at times like this.' She walked over and checked Tony's chart. 'They know Special Agent Todd and they made it very clear that I could call back and inform them if he dies.'

'Typical,' Gibbs growled his jaw clenched tightly. 'Come on Kate we have to get out of here.'

'Right Gibbs,' Kate stood up and followed him both stopping as Abby appeared in the door way.

'Gibbs, Kate,' Abby seemed shocked to see the pair here at this hour but quickly regained her composure. 'Any change in Tony's condition.'

'He woke up for a few minutes Abby, the Rich told her with a smile. 'But he faded out on us again.'

'Oh,' Abby walked over and sat down beside Tony. 'What are you doing to us DiNozzo,' she softly chided him 'You think you're some kind of sleeping beauty or what. Well let me tell you... '

That was all Kate heard as she had to leave and literally run to catch up with Gibbs. 'Now boss don't tell me that I'm wrong in thinking.... '

'You're wrong Kate, Abby just cares like the rest of us. She knows the story and... '

'Why won't anyone tell me the story then,' Kate snapped. 'I mean he is my partner and I feel that....'

'Kate he'll tell you I'm sure and as for what you're suggesting it's just not on, its simply because Abby cares. Besides what you are suggesting is way too hinky to be even possible. As I have already told you.'

Yeah right Kate thought as she got onto the elevator behind Gibbs.

'Kate, drop it.' Gibbs shook his head. The look he gave her clearly saying there was to be no further comment on this matter.

'No Gibbs,' Kate shook her head and crossed her arms. 'I'll drop the Abby and Tony bit and accept what you say about that however I realise that I'm treading on dangerous ground but I want to know about Tony's family. What is the big secret?'

'No secret Kate,' he shot her a hard look and then sighed knowing she should probably be told. "All I'll tell you is that Tony's family cut him off the day he entered law enforcement against their wishes. ' he saw Kate's incredulous look. 'Yes I know I agree, it's completely unbelievable but there you have it and yes there is more to the story but you will have to hear the rest from Tony. Okay.'

'Yes of course, thanks for telling me that much Gibbs,' she nodded unable to believe what she'd just been told and wondering what the rest of the story was and how any parent, especially a mother could turn their back on a son because of his chosen career path. Well of course anything was possible and people had been ostracised from families for far less and yet, she realised that Gibbs was talking to her and hurriedly pulled her thoughts away from Tony and his family. 'Sorry Gibbs you were saying.'

'I said we have to keep focused Kate,' he told her gruffly. 'I also said that after we get back to the office I'm sending Jesmond and McGee out to see Anita Johnson's commanding officer and speak with her colleagues.

'What about me Gibbs?'

'I've got something else for you Kate, I need to run over a few things from the previous investigation and as you've already read the files and are familiar with Tony and Vince Jackson's notes you are the best person to find what I need.'

'Right Gibbs,' Kate nodded. She wanted to get those responsible for what had happened to Tony and didn't really want to be stuck at her desk; however, she was still grateful that she wouldn't have to partner up with Special Agent Jesmond, very grateful indeed.

(4)

Abby sat softly talking to Tony, telling him what was going on because she was absolutely sure that somehow someway he could hear her. 'I can't stay long,' she told him. 'I just wanted to drop by and tell you what was going down I have to get back to the lab and run more tests on the evidence found at Johnson's place,' she bent close. 'You have no idea how lucky you are that whoever did this got sloppy with you Tony. This woman had half her head blown off,' she raked her hand through his hair. 'You know I think Kate is starting to get ideas about you and me,' a small smile crossed her lips 'maybe we should string her along a bit there hey I mean you'd get a kick out of that wouldn't you and,' she reared back slightly as she saw his eyes were open and he was watching her.

'You're awake again,' she squealed. ''Oh My God I have to get a doctor or even a nurse,' she jumped up so suddenly that her chair tipped over and fell with a crash to the floor. 'I'll be right back,' she went to leave but despite his condition Tony was able to grab her by the wrist to stop her. 'What? Hey it's okay,' a frown creased her brow. I'll be back in minute,' but something in his eyes made her stop and she frowned. 'What is it?' she asked as he turned her hand over and started to write with his finger on her palm. 'Tony that tickles, you know that I'm ticklish,' she giggled but quickly became serious knowing that he was trying to get a message across to her. 'Okay you want to tell me something,' she watched as his finger moved gently across her palm B - R - A - D. 'Brad his name is Brad,' Abby smiled encouragingly as he continued to trace letters on her palm. C - O - T - T but that was as far as he got before his hand went limp and the darkness claimed him again.

'Well this a fine time to flake on me.' Abby told him. 'Brad Cott, well it's something to start with and a whole hell of a lot better then what we had before which was a big fat nothing,' she gave him a kiss on the forehead this time. 'You done real good DiNozzo, Gibbs will be stoked about this,' she patted his hand. 'I've got to go and tell the team about this and of course get some of my own work done.' With that Abby left the room had the officer at the door sign her out and then went in search of someone, preferably Tony's doctor to tell them that he'd woken up briefly only to lapse into unconsciousness again. Brad Cott, what could the rest of that surname be well he shouldn't be too hard to find once Kate ran the partial name through the data base. She smiled as she literally bounced down corridor, her pigtails jerking merrily, because the man who had almost killed Tony had no idea how close they now were to nailing his sorry sad ass to the nearest wall, and that was good thing because they had the element of surprise and he would never even know what had hit him.


	5. Chapter 5

**Disclaimer:** The show NCIS and its characters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

Chapter Five

(1)

"Gibbs" Abby came racing into the NCIS bullpen and stopped in front of Gibbs who looked up

'Yes, Abby,' he set down his pen. 'What's up?'

'Tony woke up. Well, not really woke up but he regained consciousness long enough to tell me something. Well he didn't exactly tell me. I mean he can't talk with a tube down his throat but he did tell me in his own way and... '

'Abby to the point please, what did DiNozzo tell you.'

'He wrote on my hand. Spelt out the name of the person whom I'm pretty sure tired to kill him and probably killed Johnson too but that isn't established yet is it.'

Gibbs radar was instantly up. 'Okay Abby that's great what did he give you.'

'Brad Cott,' Abby told him. 'He lost consciousness again before he could finish.'

'Bard Cott,' Jesmond snorted. 'Sure he wasn't trying to tell you the name of Brad Cotter the Nashville Star.'

'Brad who? Nashville what?' Gibbs frowned.

'Nashville Star Gibbs, it's like American Idol but for country music artists hence the Nashville Star.' Abby told him and then flashed a look at Jesmond. 'I doubt that Tony would even know what a Nashville Star was let alone be trying to tell me that when he's lying in hospital fighting for his life. Anyway,' she turned to Kate. 'I'm sure you'll get a hit when you run that partial through the data base.'

Kate nodded and pursed her lips together in thought then picked up one of the files and started to flip through it. Brad Cott rang a bell and it was somewhere in the case notes that Tony had written up from the previous investigation. Now she just had to find it again.

'Abby how do you know about Nashville Star,' Gibbs couldn't understand how someone who was Goth would know about that particular music genre.

'I read Gibbs besides it amazing what little titbits of information you can pick up along the way when you really try.' She threw a look at Jesmond that would have caused him to drop dead in his seat if looks could be lethal. 'Anyway I better head back I'll have a report on the analysis of the evidence from Johnson's home to you as soon as I can.'

'Even sooner Abby if you please, I want these bastards and.. '

'You want them yesterday,' Abby nodded. 'I'm on it Gibbs. See you as soon as I have anything. Oh that test you ordered should be through soon. See ya guys, Kate,' she noted that Todd was deep in thought as she read the file so wasn't offended when she didn't get a reply.

'Good Abby and thanks.' Gibbs called to her as she left the office to head down to the lab then turned to Jesmond. 'Why are you still here?'

'Because I haven't been exactly included in this like a team member would be,' came the snappy reply.

'Well get you tail out to the base where Anita Johnson worked,' he handed Jesmond a piece of paper. 'I want to find out more about this woman, how she knew about the robberies and what, if any her connection to Tony is. Take McGee with you.'

'Me!' Timothy McGee looked up. He was a computer genius whose computer skills were usually more essential to the team then his field work

'Yes you McGee,' he inclined his head towards the elevator as the two men left. 'Oh and don't come back until you have something, and McGee.'

'Yes boss,' Tim turned back to him.

'You'll be fine.'

'Righto boss,' McGee said as the elevator doors opened and he followed Jesmond aboard, the door closing and leaving Gibbs and Kate alone.

'What is it Kate?' Gibbs asked her. 'He knew her well enough to know that something was up. Besides, her brow was furrowed and she was way too quiet.

'It's something I read in this report,' Kate replied without looking up. 'I recognised the name when Abby said it although it's,' there was a pause. 'Here it is,' she looked up and Gibbs walked over to stand behind her. 'Braden Cottell, also know as simply Brad Cottell, Tony and Special Agent Vince Jackson interviewed Petty Officer Cottell regarding the previous robberies. Tony noted that Cottell was extremely hostile and uncooperative with him and put it down to their past history. He distanced himself from this part of the investigation and allowed Jackson to conduct the rest of the interview alone.'

'Damn I should have remembered it.' Gibbs tone was hard but it was not directed at Kate. 'I should have remembered.'

'Gibbs you are only human you can't remember every case and every person in that investigation'

'I should have remembered this,' he turned away from Kate and started to pace. 'It was in Baltimore, Tony arrested Martin Cottell, Braden's older brother who was murdered in prison,' he stopped and turned back to Kate. 'If Cottell is our man then it wasn't a case of getting sloppy, he wanted DiNozzo to die the same painful death his brother did. He blamed Tony as the arresting officer for putting his brother behind bars and therefore in his twisted mind Tony was partially responsible for Martin's murder.'

'Yes, Tony has noted that. Apparently the brother was,'

'Was kicked to death,' Gibbs cut in on her. 'The injuries he sustained not unlike the ones inflicted on Tony. It took Cottell hours to die, that was why Tony wasn't shot in the head. That was why there was no quick death and why he was left to die slowly and painfully and would have if that patrol hadn't found him when they did. DAMN!' he banged a fist on the table. 'Considering his injuries I should have remembered.'

Kate closed her eyes, it was futile to try to reason with Gibbs when he was in this mood, he could be hard on his team but he was far harder on himself.

'Do you think it's possible that this whole thing was a setup? A trap for Tony. That Johnson deliberately handed Tony bogus information so that he could be lured to his death.'

'No,' Gibbs shook his head. 'Remember Kate he tried to call me. There was no way they could have known he would be out there alone. Also Johnson was murdered. Of course there is no honour among thieves but I would say no to the setup angle.'

'Okay then, so what now?'

Now we go out and talk to Cottell's superior and colleagues.'

'Right with you Gibbs,' she closed the file and followed him to the elevator hoping that this vital piece of information would lead to a speedy conclusion to this investigation. She was hoping but she somehow doubted it would be the case.

(2)

'So Commander Daley what can you tell us about Lieutenant Anita Johnson.' Jesmond asked Anita's superior.

'She was a hard worker,' Trent Daley rubbed a hand over his face. 'Anita was an exemplary officer who led by example and was admired by those who worked with her because of her ethics. I just can't believe that she became involved with something that led to her death and the serious injury of your colleague. '

'Well believe it,' McGee told him, getting a lethal look from Jesmond for what the older man considered to be McGee's stepping out of line.

'Was there anyone in particular that she was involved with. '

'No. Anita didn't have time for relationships.'

'Now that is strange Commander considering the fact that Anita Johnson was pregnant.' Simon pursed his lips in thought. 'Now I for one don't buy the theory of immaculate conception so...'

'Of course not but aside from Lieutenant Darren Collins there really wasn't any man that she ever mentioned. She and Darren were close friends as well as colleagues.'

''Define friends please,' McGee frowned. 'Is there any possibility that he could be the father of Lieutenant Johnson's child?

'Absolutely no chance,' Daley shook his head.

'You seem very certain of that.'

'I am. Darren Collins is gay He'd be more interested in either of you then the sexiest female on the planet.'

'Eww,' Jesmond pulled a face.

'Something wrong Special Agent Jesmond.'

'No not really,' he gave McGee a sideways glance that said shut up, don't say a word, I'm doing the talking understand, before continuing. ''To your knowledge did she know anyone by the name of Brad?'

'Petty Officer Braden Cottell? Anita knew him. So do I. Why are you asking? I can assure you that Braden wouldn't hurt a fly.'

'Commander Daley,' Jesmond shook his head. 'Special Agent Anthony DiNozzo regained consciousness this morning long enough to relay to us that some named Brad Cottell was the one who tired to kill him.' Yes it was lie but this had to be the Brad Cott that DiNozzo had tried to tell that weirdo lab technician about.

'I know Braden and I find that very hard to believe.'

Neither Agent commented on that. 'You said you and Anita knew him. How did you know him?'

'Well he was stationed here with us, before he moved to naval supplies store clerk about three years ago. He was also Collins cousin.'

At this piece of information McGee and Jesmond exchanged glances. Gibbs would be pleased it seemed as if they were really starting to connect the dots now.

'We're going to need to speak to Lieutenant Collins,' Jesmond told him. 'Is he around?'

'No he's on leave at present.'

Oh how convenient, Jesmond snorted. 'So where does he live? It's important to our investigation.'

'I think you're barking up the wrong tree but,' his fingers tapped the computer keyboard. 'Okay its...' he gave them the address that both men jotted down. 'I'm assuming you want Braden's address as well.'

'Yes we most certainly do if you have it there.' McGee told him.

'I can give both addresses to you but as I said it's a complete waste of time. You are definitely heading up the wrong pathway.

'Then if we are Commander we will double back but somehow I doubt that we are,' Jesmond replied. 'Is there anyone you can think of that may be able to assist us in locating Lieutenant Johnson's lover.'

'Hmm,' he thought for a moment. 'Look I can tell you someone who might be able to tell you more. Lieutenant Angela Kramer. She and Anita were real tight. I would bet a years' wage that if anyone knew the identity of Anita's lover and the father of the child she was carrying it would be Kramer.

'Is she here at present?'

'Yes she is. Hers is the office down the hall turn right and the third door on the left.'

'There you go commander,' Jesmond, snapped his note book shut and stood to leave, McGee, likewise standing. 'Now that wasn't so hard was it? Come on kid we're out of there.' He strode towards the exit, McGee several steps behind but not before he turned to mouth thank you at Daley who nodded and then, when the two men were gone he picked up his phone and made a call.

'It's me,' he whispered into the phone. 'We've got problems.'

(3)

'You want to know where Petty Officer Cottell is. So do I damn it! He's been AWOL for the last two days. Why does NCIS want to speak with him? What's he done?' Master Chief Petty Officer Mark Henderson shook his head.

'He tried to kill a Special Agent, one of my people, two days ago.'

'Really,' Henderson was surprised. 'I find that hard to believe but it would explain why he's done a runner.'

'Yes it does. Is there anywhere he may have gone to your knowledge? We know for a fact that he originally came from Baltimore.'

'He wouldn't go back there. Too many bad memories, his brother was done for murder and died in prison. No he wouldn't go back there but I'll tell you who might know.'

'Who would that be?' Kate enquired.

'His cousin Lieutenant Darren Collins, they are polls apart in rank but are still kin and pretty close,' he paused. 'You really believe that Braden tried to kill your Agent.'

'We know he did,' Gibbs replied as his mobile rang and he excused himself. 'Gibbs. Where? Alright we'll be there,' he disconnected the call. 'Kate, come on,' he turned to Henderson. ''We've just found Cottell.'

'Really,' Henderson nodded. 'What does he have to say for himself?'

'Not much. He's dead,' without further comment Gibbs strode out of Henderson's office Kate literally running to keep up with him.

'He's dead!' she gasped after finally catching up with him. Although this piece of news didn't really surprise her.

'Yeah Kate and the body wasn't suppose to be found for a very long time.'

'Then how was it discovered?'

'Bush walkers got lost and found the body, two bodies actually. It was an area earmarked for a back burning operation that was to have commenced yesterday but didn't because of the lost hikers.'

'Then we got lucky.'

'Yeah maybe we did, although I doubt that Lieutenant Darren Collins or Petty Officer Cottell can now tell us anything that we don't already know.'

'You think they died because they didn't finish the job on Tony?' Kate asked and was rewarded by a hard look.

'I don't think that Kate,' he replied gruffly. I know it, and so do you.'

(4)

'Well what did you make of that?' McGee shook his head after their interview with Angela Kramer.

'Johnson and DiNozzo were lovers. Had to be, I mean you heard the Kramer woman. Anita would constantly talk about this guy T. T for Tony.'

'His name is Anthony,' McGee shook his head.

'Yeah and who calls him that. Do you.'

'No.'

Then there you have it. She found out information about the robberies and gave it to her lover. Simple'

McGee shook his head. 'I don't think we should jump to conclusions here. I mean Commander Daley's name is Trent and there is a Thomas and a Terry on this list. Both of them are co workers who could easily be the lover and father of the baby. Besides, if Johnson was connected to Tony in that way wouldn't she have enquired about his condition? I mean sure if she was scared. go and run like hell but she didn't run straight away and she didn't enquire about Tony so doesn't that rule him out pretty much.'

'Nah my money is still on DiNozzo. He's a randy bugger so I've heard and not too bright upstairs probably wasn't adequately protected.'

McGee gave the older man a look that was pure loathing 'Well we'll have to agree to disagree there.' his tone was ice cold. 'So where to next?'

'Where do you think Einstein? We work our way through the list of co workers you just mentioned. Gibbs wants information and we are going to get him as much as humanly possible.'

McGee nodded. It was a slow process but at least tiny pieces of the puzzle were beginning to fall into place and he couldn't help but wonder how Kate and Gibbs were progressing and if there had been any more improvement in Tony's condition. Also Timothy McGee was certain Daley was lying. He'd said that Anita had never mentioned any man except her colleague, the gay Darren Collins and yet Angela had told them her friend was involved with a mystery man she simply called T and spoke about him constantly. Now Daley's name was Trent so the chances were extremely high that he was the mysterious T. Of course he'd reserve judgement until they'd spoken to the other two T's on the list of people to be interviewed and he'd have to run his theory past Gibbs once they got back to the office but everything pointed to Daley as being their man, well at least in the fatherhood stakes and nothing was going to convince him otherwise.


	6. Chapter 6

**Disclaimer:** The show NCIS and its characters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

A/N – Sorry that this chapter is so very short. Work has been so very busy and I haven't had much time to concentrate on the story. This is short but at least it keeps the story moving if only slightly.

**WARNING This chapter contains extreme bad language used by one Special Agent Jesmond. (well who else would be responsible hmmm) **

Chapter Six

(1)

'Oh my,' Ducky shook his head as he approached the spot in the forest where Cottell and Collins bodies lay. 'Nasty,' he looked down on the two severely mutilated bodies. 'Is it so wrong Jethro to feel that they got their comeuppance for what they did to Tony.'

'No Ducky it's not,' Gibbs shook his head. 'For just a moment I was feeling the same way but then I remembered that they only ended up like this because they didn't kill Tony.'

'The intention was there though,' Ducky crouched beside Cottell's body and shook his head. 'They intended to for Tony to die out there alone and cold in the rain and it was only a miracle that the patrol passed when it did otherwise,' Ducky didn't finish his sentence he didn't have too. 'Well now,' he looked at the numerous injuries and the fact that both men had been decapitated and disembowelled. 'You never expected this did you,' he talked to the two bodies.

'Come on Kate,' Gibbs moved away and allowed Ducky and Gerald to take over the scene. 'We've done all we can do here. There are some things to be done back at the office.'

Kate nodded as she followed him. It was all getting so damn complicated and each time they thought they had something the case took another twist. It was all very frustrating and as they headed back to the car she hoped like crazy that McGee and that that jerk Jesmond had discovered something useful.

'Oh Jethro wait a second,' Ducky seemed to remember something and came hurrying after them. 'Abby wanted me to tell you that you owe her because she owes Cameron,' he seemed a little bemused as he passed the message on. 'Anyway the bottom line to her message is that the results are negative.'

'Good one,' Gibbs gave a tight smile. 'I'll talk to Abs when we get back.

'What results?' Kate asked him when they were finally alone

'DNA results on Anita Johnson's foetus.'

'You thought it was Tony's?'

'I didn't believe it was Tony's Kate but I had to be sure. No it's not his child, but I couldn't turn a blind eye to the possibility especially with Jesmond around, who might seize on the fact that there could have been a relationship between the pair.'

Kate nodded she could see the sense in that and while she had never really considered that the baby could have been Tony's the relief that it wasn't, was overwhelming.

(2)

'Hey boss,' McGee entered the office ahead of Jesmond and waved to Gibbs who looked up from his desk. 'We've found a few very interesting things from our visit to Anita Johnson's base.

'And that would be.'

'That would be that Brad Cott is actually Braden Cottell,' Jesmond announced loudly as he approached giving McGee a look that said I'm the one who does the talking or have you forgotten.

'Tell me something I don't know,' Gibbs snorted. 'Cottell and his cousin Collins were found slaughtered about an hour ago. It seems that they paid a high price for not finishing the job off properly.'

'They're dead!' McGee frowned.

'Yes McGee they're dead.' Gibbs said tightly, then, glaring at Jesmond. 'I hope you found out more then that in the time you've been gone.'

'Yes,' Jesmond smirked. 'We found out some interesting things including the fact that Anita Johnson had a secret lover whom she only ever referred to as T. Now isn't that interesting. T for Tony.'

The look that Gibbs gave the other man was enough to have vaporised him 'Wrong!' he growled standing up and starting to walk away. God it was getting so bad he couldn't even stand being in the same room as this man. He was really going to have to talk to Morrow.

'Hey don't dismiss it like that Gibbs,' Jesmond snapped. 'Anita was involved with a secret lover whose name started with T and DiNozzo's first name starts with the same letter so. '

'It's not him,' Gibbs rounded his face hard. 'Are you deaf or don't you understand the English language. Just what part of what I'm saying to you don't you understand?'

'Now of it' Jesmond was furious and his face was turning red. 'How can you say with so much certainty Gibbs? DiNozzo has a reputation we all know that and he's certainly not Saint Anthony so just what give you the right to dismiss my theory like that,' he snapped his fingers. 'It has to be considered at least and...'

'Enough!' Gibbs hand came down hard on his desk cutting him off mid sentence and causing everyone in the office to jump slightly. 'You want to know why I know it's not Tony. Do you want to know why Jesmond. D N A.' He spelt out the three letters slowly. 'You've heard of it haven't you. D N A tells me that Tony isn't the father.'

'So you also thought it could be him,' Jesmond smirked slightly.

'No but I wanted to run the test to protect him from evil gossip mongers like yourself,' Gibbs literally hissed.

'You bastard,' Jesmond yelled and then turned white as he saw Director Morrow standing not twenty feet away. 'I mean,' he swallowed hard realising that he'd probably gone too far.

'Special Agent Jesmond,' Morrows tone was soft but deadly. 'My office please, now,' he beckoned to the man with his hand. 'We need to talk.'

Jesmond shot a savage look to the other agents. 'Fuck you all you arseholes,' he snarled as walked towards the Director knowing what was coming but also ready to have his say about Gibbs and the others in his team. He might be going down but he'd go down fighting and maybe take a few with him.

Everyone stood there in silence until the elevator doors closed behind the two men and it was McGee who broke the silence.

'There are three other possible lovers boss. One of them is an enlisted man so that would account for the secrecy '

'Really,' Gibbs hiked an eyebrow and walked back to his desk. 'Sit down McGee and fill me in on this new information you have and your take on these developments.'

'Yes boss,' McGee sat down just as the elevator doors opened again and a man in his late forties stepped out. He was tall with close cropped dark hair, sapphire blue eyes that looked around the office before spying Gibbs.

'Hey boss it's been too long,' he walked towards Gibbs, McGee giving Kate a look that said who the hell is this but Kate was likewise in the dark.

'Vince,' Gibbs stood and moved towards the new arrival. 'You heard about Tony.'

'Yeah such a shame but from what I was told the kid is going to make it. He was always a tough cookie'

Vince! Kate's radar went up. This must be Vince Jackson the man who'd worked the original case with Tony. This was the man who'd completed the interview with Cottell when Tony had backed off because to the Baltimore history.

'Well it's looking hopeful,' Gibbs told him. 'I'm glad you could make it. You're one person who might be able to help us get a handle on all of this considering you were here during the original investigation.

'Hey boss,' Jackson smiled. 'It will be like old times and I want to help in any way that I can. So you want to introduce me to the newbies,' he glanced from McGee to Kate then back to Gibbs and fill me in on what we have so far and maybe we can get to the bottom of all this.'


	7. Chapter 7

**Disclaimer:** The show NCIS and its characters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted.

A/N Thank you everyone for your reviews and comments they are really appreciated. As previously stated work is very busy but I am determined to finish this story as soon as possible.

Chapter Seven

(1)

'Kate Todd, Timothy McGee,' Gibbs introduced the pair. 'Kate, McGee this is Vince Jackson. '

'Pleased to meet you both,' Jackson nodded before turning back to Gibbs. 'So fill me in from the beginning boss. What happened to Tony and what do we have so far'

With his usual economy of words Gibbs filled Vince in on how Tony had been injured and where they were on the case so far.

'Boss it seems like you've got a whole lot of nothing except an ever rising body count.'

'And an injured Agent,' Gibbs gritted his teeth together.

'It wasn't your fault boss,' Vince told him, Gibbs nodding but the look on his face saying otherwise. 'Look Gibbs, DiNozzo should have kicked down your door instead of simply leaving a message and going solo.'

'You know as well as I do that he does some of his best work solo,' Gibbs sighed. 'No I should have been there for him. And if he thought for one moment that he could be in danger he'd never have gone alone.'

Vince simply shrugged, he wasn't going to argue. 'Okay,' he walked to Tony's desk. 'I'm assuming that this is my cubicle for the time. Don't think old Simon will be back in a hurry.'

'Hope not,' McGee and Kate said in unison.

'That bad hey,' Jackson chuckled. 'So what do we have?' He looked across at the pair.

'Well,' McGee with his usual enthusiasm. 'We have three suspects for the father of Lieutenant Johnson's child.'

'What about the actual robberies,' Jackson asked. 'How do Cottell and,' he consulted the notes. 'Collins fit in there.'

'From what we can gather they were the boundary riders,' Gibbs spoke up. 'They stumbled over Tony staking out the store and the rest was history.'

Vince nodded. 'They died because they didn't kill DiNozzo. Cottell was too consumed by his desire to see Tony die a slow death like his brother to do the job properly. Therefore the fact that Tony didn't die meant that he could name those who attacked him.'

'He did name them,' Kate told him. 'He woke up long enough to say Brad Cott; I looked at his and your case notes and came up with the name Braden Cottell. I knew it had to be the same person considering the history.'

'Well like I said Tony DiNozzo is one tough cookie, and a real fighter,' he turned his attention to Gibbs. 'Any chance that he knows more then who attacked him, I mean we don't know what Johnson told him and she's dead and he's not talking to anyone at the moment. It's possible that he might have more information then we possibly realise.'

'We're hopeful of that but not confident,' Gibbs muttered. 'As I said I didn't take his call and he didn't have time to impart the exact information that the Lieutenant gave to him.'

'Okay well let's start reading between the lines here,' Vince announced.

'Good,' Gibbs nodded. 'Kate you're with me.'

'Where are we going?'

'I'll fill you in on the way,' he grabbed his coat then turned to McGee. 'Don't look so nervous McGee. Vince has never bitten anyone and you'll learn a lot from him.'

'Yes boss, err Gibbs, Special Agent Gibbs,' he stammered still not really sure what he should call his superior.

Gibbs just rolled his eyes. 'Boss is fine,' he told the young agent as he and Kate headed for the elevator.

'So where are we going?' Kate asked again.

'The hospital.'

Kate nodded. 'You think Tony may have woken up? Wouldn't they have called if he had?''

'No I don't think he's awake yet but I do believe he's in grave danger Kate.'

'But there is a guard on his door.'

'I still think that he's in danger.

Kate didn't argue, she'd come to appreciate that Gibbs knew things way before anyone else picked up on them and he continually amazed her when he made correct announcements about things that it seem impossible he'd know about. That said she was suddenly scared for Tony, he was in no state to defend himself in his current condition and if what Gibbs was suggesting was true then, no she didn't even want to think about that.

'Kate! Come on.' She hadn't realised that she'd lagged behind slightly and she quickened her pace to catch up with him.

(2)

Gibbs strode down the corridor towards Tony's room, everything looked normal, the guard was still on the door but something told this ex marine that everything was far from situation normal. Kate kept up with his urgent pace although she literally had to run to do so.

'Special Agent Gibbs, Special Agent Todd,' the man guarding the door greeted them. 'Special Agent DiNozzo has a visitor at the moment.'

'Who is it?' Gibbs hand automatically went towards his weapon.

'His mother,' the marine smiled. 'Go figure it, after all is said and done blood is thicker...' he gaped as Gibbs pushed past him, Kate right on his heels her own weapon half way drawn. She trusted her boss' instinct and she knew from Gibbs' reaction that who ever this woman was she wasn't who she claimed to be.

She stood near the head of Tony's bed, she had her back to them and while she was gently running a hand through his hair and talking to him soothingly like a mother would do with a sick or injured child it was what she held in her other hand, a syringe with God only knew what poison that she was about to inject into Tony's arm that proved to Kate that Gibbs had some sort of sixth sense or was it just an amazing instinct for knowing when things weren't right.

'Drop it now,' Gibbs barked giving her one chance to surrender although he was already applying pressure to the trigger. 'RIGHT NOW!' his tone deadly, his eyes narrowed in concentration. He wanted to take her alive if possible

The woman acted as if she hadn't even heard him although by now she knew the odds were stacked against her. Damn it she'd failed in her assignment and her options were pretty much zero for behind her there were two Special Agents and a Marine all ready to shoot her. Well at least she could take DiNozzo out with her; at least she could silence this bastard who knew too much.

'Too late Gibbs,' she said half turned to face him, the syringe pressed against the Tony's skin, all she need to do was apply pressure and inject into the vein and it would be goodbye DiNozzo.

The sound of a single gunshot roared throughout the entire floor of the hospital, the woman slumping to the ground, the syringe falling harmlessly from her grasp to the floor as her other hand went to her injured and bleeding arm.

'Nice shot,' the Marine at the door nodded, he too would have fired but Kate had signalled him to hold, such was her complete confidence in Gibbs and his ability to protect their injured colleague.

With quick strides, Gibbs went to Tony, checked the still unconscious man for any sign of needle stick injuries, relieved when he found the skin on the younger mans arm unbroken, then he bent down, scooped up the syringe so the woman couldn't take her own life with it then walked to the door of the hospital room, calling for a doctor to attend to the injured woman who was sitting on the ground cursing wildly, using every swear word in the English language, most of what she was saying questioned both Gibbs and Tony's parentage.

'Would you shut up this is a hospital.' Kate told her as several very frightened staff slowly appeared from various hiding places as they realised that they had not been the ones under attack although one very angry hospital director was demanding to know why a firearm had been discharged in his hospital.

'Because someone was trying to kill Agent DiNozzo by injecting something designed to kill him into his vein, he stepped aside as a doctor came racing into the room and immediately started to work on the injured woman who told him where to go in no uncertain terms.

'I have to get her to surgery. We need to stop the bleeding,' the doctor told him.

'Just get her out of my sight,' Gibbs growled. "But she's under arrest and we want to question her about her involvement in all this,' he watched as they put the still cursing patient into a wheelchair and wheeled her out of the room. When she was gone and he and Kate were alone Gibbs looked across at Tony not overly surprised when younger man started to stir, his eyes opening, a frown creasing his brow at the sight of Gibbs, Kate and a Marine standing in the doorway of his room.

'DiNozzo,' Gibbs went to his side. 'About time you woke up.'

'Yeah,' Tony managed to gasp through a raw throat; the tubes had been removed now that he was able to breath on his own. 'What happened boss?'

'Oh just a little bit of excitement. You rest up all right'.

'Cottell,' Tony glanced from Gibbs to Kate who had joined their boss by his bedside.

'It's okay Tony it's all under control,' Kate patted his hand. 'We're getting there. Cottell is dead so his cousin Collins. McGee and Jackson are working on it as we speak.

Tony's eyes narrowed and his lips thinned at this news Gibbs didn't miss the look in the younger man's eyes and he turned to one of the hospital staff. 'I want a pen and paper,' he turned back to Tony. 'Don't try to talk, write it down okay. Whatever you have to tell us write it down.'

Tony nodded He had to tell Gibbs, he had to tell him what he'd heard Collins and Cottell say before lost consciousness and he wasn't really surprised that his attackers were dead. The fact that they hadn't killed him outright, plus what he'd heard them say as they left him there to die, together with the information that Anita had given him. Anita! Had she gotten away or had they gotten to her too?

'An,' he husked but Gibbs shook his head.

'DiNozzo I know it's an impossible ask but lay there and shut up for just a minute.'

'Sir here is the pen and pad that you wanted.' A pretty nurse returned and handed him the items he'd requested.

'Thank you,' Gibbs took them from her and walked to Tony's beside. 'Here,' he pressed the note pad into his hands. 'Now what do you want to ask and what is it you need to tell us,' he motioned to Kate who pulled up a chair and the pair waited as DiNozzo shakily wrote down his first question before turning it upside down and pushing it back to his boss.

'Anita?' Kate read over his shoulder and wondered what Gibbs was going to say, would he tell the absolute truth.

"I'm sorry Tony she's dead,' he said simply. 'It's not your fault you know. Don't blame yourself.'

Tony nodded then took the notepad back and slowly he started to write down what he had to tell Gibbs. It seemed to take forever for the injured man to get it all down but when he'd finished he handed it back.

Gibbs eyes scanned the slightly scrawled but still legible writing. Occasionally he'd glance from what he was reading to DiNozzo before turning his attention back to what was written down on the pad absorbing all the information that was being presented to him.

'Good work,' he told the injured man several minutes later, the look on Tony's face at the compliment priceless. 'Come on Kate,' he stood to leave.

'I'll come back later,' Kate lent over and promised Tony. 'You rest up.'

'Okay,' Tony managed to whisper before closing his eyes and drifting back to sleep

(3)

'Gibbs,' Kate had a look of concern on her face. 'This means that,' she'd been reading what Tony had written over her boss' shoulder.

'We have a rat in the ranks,' the reply was tight. 'But we need more evidence Kate. We have to get more evidence. Besides he doesn't know that we know, that is one thing we have in our favour.

But surely he'll know that his colleague has failed when Tony isn't dead and she doesn't come back.

'Don't worry I have a plan we just need to buy ourselves some time that's all.'

Kate nodded whatever Gibbs had planned she knew he'd already thought it through carefully and she had complete confidence in whatever it was they were about to do.

It was a very sombre Gibbs who called a meeting of everyone at NCIS ten minutes after he and Kate had returned. Jesmond was back in the office and packing up his things but Gibbs told him that he could hear this information as well. Ducky and Abby had been brought up to speed on what was happening before Gibbs and Kate had come up to tell the others. They were among the few who would know the truth about Tony's condition and the fact that he had taken another small step along the road to recovery.

Tension was high in the office as everyone waited for what the boss had to tell them, whatever it was it wasn't going to be good news, even the greenest rookie on the team was aware of that. When everyone was gathered Gibbs cast a look at Kate, then to the rest of the team, took a deep breath then made his grim announcement. 'When Kate and I were at the hospital Special Agent,' he shook his head. 'Tony slipped into a coma; it seems that he was injected with what the doctors at the hospital believe to be a massive dose of insulin administered by a woman posing as his mother. That woman was shot and wounded and is currently under guard in the hospital until she is fit enough for us to talk to her. In addition Tony suffered a seizure and there appears that there could be possible brain damage.' he closed his eyes. We'll be monitoring him for a few days but, he sighed. 'They're not really hopeful of any sort of recovery now. We'll know for sure within forty eight hours,' he glanced around his team for their reactions.

'Damn,' Jackson who was the first to speak out loud muttered. 'So when can we speak to this woman?''

'Hospital will let us know when she can be interviewed. I have to go and see the Director, tell him the news about Tony,' he headed for the elevator leaving one very stunned group of people behind him.

'Okay,' Vince took control of the situation. 'Come on people we still have a case to solve. We owe it to Tony to make sure we get a successful conclusion,' he glanced over and saw Kate talking to McGee and others stood in small hushed groups as they digested the news about their colleague.

'We'll I'm out of here,' Jesmond announced loudly as he headed for the elevator. 'Goodbye people. Sorry but I can't say it's been a pleasure. Oh and see I was right about DiNozzo wasn't I. Told you days ago he wouldn't be coming back.'

Vince saw red at this comment and he went to go after the other agent but Kate put her hand on his arm.

'Let him go Vince, he's not worth.'

Jackson nodded. 'You're right Kate. You're absolutely right,' he turned as Gibbs re entered the office.

'Well why are we all still standing around,' Gibbs bellowed. 'We've got work to do people so let's do it hey.'

(4)

A short while later Gibbs returned to the hospital alone, he'd made no excuses for leaving simply telling his team that he'd be back soon. Kate had nodded knowingly as he'd left before turning back to her assigned task. She would have liked to have gone with him but she was going to go and see Tony later, on her way home, for now though she had to act shell shocked like the rest of them. She had to act as if Tony wasn't coming back.

'Boss,' Tony whispered as Gibbs walked in and sat beside his bed. 'What's up?'

'Stop talking and listen.'

'Right boss,' he saw the look on Gibbs face and made a motion of zipping his lips.

Gibbs quickly filled him in on what was happening, the story that had been told, before asking him if he was totally sure about what he'd written down earlier.

Tony nodded.

Gibbs didn't reply for a moment then, 'Kate is going to sneak over later. She wants to know why you're estranged from your family. I told her a small part, how when you joined the police it was the final straw, however it's up to you if you tell her the rest.'

'She deserves to know,' Tony told him 'I'll tell her when I see her.'

'Not while you're sounding like this you won't. You are not to talk understood.'

'Yes boss.'

'Tony!' Gibbs gave him an exasperated look and this time the younger man simply nodded to show that he understood that what Gibbs had just said wasn't a request, it was an order.


	8. Chapter 8

_A/N Just something very short to keep the posting going. Working on the final chapters but work is so busy that there just doesn't seem to be enough hours in the day. _

_Wanted to work in the lyrics of a couple of songs, have given credit to the artists and to all involved in the footnote. _

_I have tried a number of times to make the lyrics look correct but don't know why they're not. If someone can please tell me I'd appreciate it. _

**Disclaimer:** The show NCIS and its characters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted. Song lyrics used in this chapter belong to those who hold the copyright.

_Chapter Eight _

_(1) _

_It was later that evening when Kate returned to the hospital and walked down the corridor into Tony's room. He was still awake and sitting propped up in bed, the television was on but he didn't seem to be watching it._

_'Hey,' she walked into the room and he turned towards her and a tiny smile touched the corner of his lips as he watched her walk towards him, pulling up a chair to his bedside._

_'I gather Gibbs came and saw you, told you what was happen.'_

_'Sure did. He also told me not to talk but,' he tapped the note book on the bed. 'That would make for a pretty boring conversation wouldn't it.'_

_'You should listen to Doctors orders,' she scolded him gently_

_'That was Gibbs not the doctor,' he reminded her as they lapsed into silence, Kate not wanting to burden her injured colleague with too many details about the investigation. He'd already given them important information and he was still weak from his injuries. She also wanted to know about his family but knew she couldn't ask._

_'I can read your mind,' he told her is voice barely more then a whisper causing Kate to give him a startled look. _

_'Oh can you know,' she tilted her head to one side and smiled. 'So what am I thinking?'_

_'Yeah you want to know what I did to piss off my folks so much that they've cut me dead so to speak.'_

_'Tony Gibbs told me a little bit but... '_

_'Hey it's okay,' he closed his eyes then opening them he began to relate to her the whole sad story_

_**I watched him take the two strike call**_

_**He hadn't tried to swing at all**_

_**I guess he had all he could take**_

_**He walked away for goodness sake**_

_**His father's voice was loud and mean**_

_**You won't amount to anything**_

_**That little boy quit trying**_

_**And he just walked away**_

_**There were teardrops on his face**_

_**Tell me how would you feel**_

_**You'd probably give up too**_

_**If nobody believed in you.**_

_(Joe Nichols** – **If Nobody Believed In You) _

'Nothing,' Tony sighed. 'Nothing I ever did was good enough in the eyes of my parents. I could never measure up to Jason no matter how hard I tried to, so I stopped trying. Once my parents realised that I wasn't going to be a scholar they pushed me into sports. Basketball. I was always tall even in my early teens and gangly in those days. Oh yeah I was good at the sport but I was never going to make the big league and that again labelled me a failure in the eyes of my parents. All this time Jason, the golden boy, he was making them proud, he was an all round sports man, a star pitcher in the baseball team, gained top grades without a problem, while I was always nothing more then an embarrassement and a disappointment to them.

'Oh Tony' Kate felt tears well and she fought them back. Tony didn't want her sympathy he was just telling his story and yet she could see the pain on his face even after all these years.

_**And the biggest disappointment in the family was me**_

_**The only twisted branch on that good old family tree**_

_**I just couldn't be the person they expected me to be**_

_**And the biggest disappointment in the world was me**_

**(Slim Dusty - The Biggest Disappointment)**

'So I gave up trying, gave up trying to please, trying to be someone I wasn't someone I couldn't be and that just made the criticism all the fiercer,' he sighed and closed his eyes. 'Then the straw that really broke the camels back when I joined the cops. I didn't even bother discussing it with them, I just went and did and that was it. I was officially on the outer although God only knew I'd been there for more years then I care to remember. So there you have it Kate,' he looked across at her. Pitiful as it might sound you're looking at the guy who, rather then do everything he could to prove his family wrong simply gave up trying because nobody believed in him.

'I believe in you Tony,' she grabbed his hand. So does Abby and Ducky, McGee and Gibbs.'

'Gibbs,' he chuckled and immediately regretted it. 'You think.'

'I know DiNozzo,' she told him sternly. 'You really think you'd still be on this team if he didn't believe in you. Come on Tony let that little boy and all the hurt he felt, is still feeling, let him go. And just because your family made you feel like a failure, a disappointment you have to realise that you're not. Not at all,' she shook her head. 'You're my partner and I trust you completely and know that you'd never let me down.'

At that moment Tony's face broke into one of his dazzling smiles. 'Thanks Kate, I needed that.'

'What you need is a kick up the pants or a cuff across the back of the head but considering your condition we might let that pass,' she gave him a smile. 'Thank you for sharing. I know it was hard.'

'Hey you had a right to know,' he told her. 'Besides in your position I'd want to know where the family was as well.'

'Yes but that didn't mean you had to share,' she squeezed his hand. 'I'd better go. You rest up and relax.'

'I will. You think the rat will take the bait,' he asked a slight frown creasing his brow.

'Gibbs does,' she told him. 'That's what's important.'

'You've got that right,' He muttered and Kate could tell that he was ready to go back to sleep.

'I'll see you soon,' she told him and smiled as she realised that he was already sound asleep

A/N Footnote regarding song lyrics used in this chapter

No infringement of any kind is intended and I hope that I have correctly credited all those involved.

Biggest Disappointment © Written by Joy McKean EMI Music Publishing Performed by Slim Dusty

If Nobody Believed In You © Written by Harley Allen 2004 Coburn Music, Inc, (BMI) Performed by Joe Nichols


	9. Chapter 9

A/N A big Thank you to everyone who has read and reviewed this story. Your comments and feed back is appreciated and has encouraged me to continue despite work becoming so hectic that I had to put this little epic on the back burner. I have another fan fiction on the drawing board; however I will not be posting that one until it is finished. I have learnt my lesson about writing as I go along grin It's been fun, I've had a ball and I hope you enjoy the final two chapters. Cheers and Thanks again to everyone.

**Disclaimer:** The show NCIS and its characters do not belong to me. They are the property of Donald Bellisario, CBS, Paramount and whomever else I may have omitted

Chapter Nine

(1)

Jethro Gibbs sat at his desk and thought about the traitor in their midst, the rat in the ranks, the person so deeply involved in this mess, the one who was one of the masterminds behind this whole sordid mess, who had more to gain from Tony dying then surviving and who had more then likely either participated in the other killings or had them ordered.

He cast his eyes over Tony's desk and thought about the younger man, lying in the hospital, he was going to make it but it would take time for him to fully recover back to his old self again. He thought about Anita Johnson and her unborn child, he thought about how far and how deep this whole operation went. Coffee, he needed coffee and rubbing his hand over his face he stood and stretched, it had been a long night and he'd basically spent it in the one position.

'Morning Gibbs,' he looked up to see Kate walking in, McGee only a few steps behind her and he smiled to see that she carried three cups of coffee. 'Thought you might be able to use these,' she set down two of the steaming cups before walking over to her own desk. You were here all night weren't you,' it was a statement not a question.

Gibbs picked up one of the cups and took a sip nailing Kate with a look that said I'm the boss don't question me but the usual hardness was not there in his look this morning and Kate nodded. 'I wished you'd have let me stay as well,' was all she said.

'What good would that have done? We know who we just need enough proof to nail him and we just don't have it at present and he's covered his tracks too well. However, that having been said we will get him Kate, they all mess up in the end,' he sighed. 'And so has our man nobody is that perfect.'

Kate nodded she knew that what Gibbs was saying was true. She was about to say something else regarding the current situation when the elevator doors opened and Director Morrow stepped into the bullpen.

'Good morning all,' he nodded to the Agents who were already at their desks then walking over to Gibbs he handed him an envelope. 'This just arrived on my desk. I think you should read it,' he nodded to Kate and cast a glance at Tony's empty desk before shaking his head and walking out of the office.

Gibbs turned the letter over in his hand; it wasn't often that the Director ventured down to the bullpen, silently he opened the letter and took out the several sheets paper and ran his eyes over what was written there on this letter from Anita Johnson, this letter from the grave.

'What is it Gibbs?' Kate asked as he carefully folded the letter and put it back into the envelope.

'Kate, McGee we're going out.'

'Where are we going?'

'The hospital, we have to interview that woman.' He grabbed his second cup of coffee.

Kate nodded as she and McGee followed their boss to the elevator.

'So Gibbs you going to share what's in that letter,' Kate ventured to ask.

'Nothing that Tony hasn't already told us,' the reply was flat and gruff and he seemed to be focused on the elevator doors. 'Just more of the same but nothing to substantiate what the author has told us.'

'Well maybe we can get them to validate what they've written,' McGee suggested then shrunk back slightly at the look his boss gave him. 'Ok maybe not.'

'Not is right,' Gibbs sipped his coffee. 'Anita Johnson is dead.'

Kate frowned. 'Ok so she's named names in there' she nodded to the letter.

'Yes she has.'

'But we still have to prove it,' Kate muttered to herself.

'Exactly,' Gibbs growled his eyes hard as granite. 'And that is exactly what we're going to do before anyone else is hurt or killed.

McGee and Kate exchange glances behind Gibbs back both knowing that the rogue Agent was in for more trouble then he could have ever bargained for when he sold out and joined the band of criminals who were all about to take a very heavy fall indeed.

McGee now knew the full and true story, he also knew what Kate and Gibbs suspected and he finally felt as if he belonged, he was now a true part of the team just like Tony and Kate and he'd been pleased to know that Tony wasn't going to die. Even though DiNozzo gave him a lot of grief from time to time, when all was said and done the place just wouldn't have been the same without Tony.

(2)

'Piss off.'

'Charming,' Gibbs had no intention of going anywhere and sat beside the woman in the bed. 'Now why don't you tell us who you are, how you are connected to all this and why you tried to kill Tony

DiNozzo.'

'I don't have to tell you nothing Gibbs.'

'Oh but you do,' he gave her a hard look. 'You are already facing charges of attempted murder and I dare say when the men with whom you are associated find out that you failed in killing Agent DiNozzo then they'll come and take care of you just like they've taken care of every other screw up and loose end on this case.

Kate and McGee stood just behind their boss and the woman flicked her gaze from Gibbs to the pair before back to Gibbs with a defiant sneer. 'Like I said piss off I'm not afraid of you, any of you.'

'Oh it's not us you have to be afraid of,' he leaned close to her. "And I think you know that. Co-operate with us and maybe we can cut some sort of deal for you.'

'The woman on the bed gave him a hard look. "Two minutes, that's all I would have needed, two minutes and DiNozzo would have been dead for what he did and I would have been gone and justice would have been served.'

'Listen here lady,' Gibbs growled. 'I don't know what you think Agent DiNozzo is guilty of but he is the victim here and you and your merry band are the criminals have a lot to answer for. Now you can try to get a lesser sentence by co-operating with us or we can remove the guard from your door,' he stood and shrugged.

'I have no idea what you're talking about,' she hissed. 'As for DiNozzo's sins he killed my sons and my nephew.

Gibbs frowned. 'You're Cotter's mother,' he stood. 'Agent DiNozzo didn't kill Braden, nor was he responsible for what happened to your eldest son Martin in prison. As for Braden and Darren being murdered he was fighting for his own life in this very hospital after your son and nephew put him here. They were killed by the very men you are protecting because they didn't finish the job on Agent DiNozzo. Don't you understand that whoever these people are they are using you and hiding from you the fact that they're the ones who killed Braden?'

Vivian Cottell blinked as she lay there gazing up at Gibbs and his agents, her eyes welled with tears and her bottom lip began to tremble. It was all starting to make sense, the phone call telling her who had been responsible for harming Braden and how he was in hospital himself and that she could pose as his mother, the meeting with him in the dead of night. Oh God if she had succeeded would he have killed her as well? Yes she knew now that he would have, for an absolute fact that if she had succeeded in killing DiNozzo then she too would now be dead. 'Okay I tell you everything. Just one question what sort of deal are you offering?'

(3)

Tony was sitting propped up in bed and reading a book when Gibbs, Kate and McGee walked in. 'Hi Boss, Kate,' McGee,' he set the book aside. 'What's happening?'

'We're this close,' Gibbs held up is thumb and forefinger so close that they were almost touching. 'Tony we have new information and we're this close to nailing him.'

'Hey that's great boss who rolled over on them?'

'The woman who tried to kill you, turned out she's Cottell's mother and she was recruited by Jackson with a phoney story as to how you killed Braden and Darren.'

Tony nodded. 'What made Vince go bad like that Boss? Okay greed I know that but,' he rubbed a hand over his face. 'If I'd only seen it before, the way he took over the case because of my connection with Cottell and how the investigation went nowhere after I stepped aside. I should have seen it Boss. I should have picked up on it'

'In hindsight I should have as well Tony.' It was clear that Gibbs was furious with himself for not seeing Vince Jackson for what he really was, a bent and corrupt agent. 'If I had,' he thumped the bedside drawers.

'Hey boss, don't,' Tony shook his head. 'We can't change what has already happened but we can stop him from causing more harm. With what I heard Cottell and Collins saying and the testimony of Cottell's mother, well that should be enough to nail him and when we do we'll get the others because he won't take the fall on his own.'

Gibbs nodded just as his mobile, which he and failed to switch off rang, pulling the phone from his pocket he walked out of the room 'Yeah,' he answered as he disappeared.

'How are you feeling,' Kate asked as she went and sat down beside him.

'Sore and sorry,' he gave her a one of his trademark smiles. 'It's nearly over isn't it?'

'Yes Tony it's nearly over,' she assured him.

'You know I wouldn't want to be in Jackson's shoes when Gibbs gets a hold of him. Not for one minute,' Tony sighed and looked out the window. 'You know he was my first partner when I started here and I would have trusted him with my life and because of him I almost lost my life,' he turned back to Kate and McGee. 'We sure he's not onto the fact that we're onto him.'

'He thinks you're dying Tony,' he thinks that it's only a matter of flicking a switch and you'll be gone,' Kate sighed. 'You're no longer a danger to him, the only loose end is Mrs Cottell and we've had her moved to another hospital, so he can't get to her either.

Tony nodded. 'I just don't' hope he doesn't get away from us again.'

'He won't Tony,' Gibbs reappeared in the door way. 'Kate, McGee come on we have to head back to the office. We have someone involved in the whole operation who wants to talk to us, who wants to confess.'

'Who is it?' McGee asked.

'Terry Kennedy, he's Anita Johnson's mystery lover and the father of her baby. He works on the same base she did, an enlisted man so their relationship was taboo. Apparently he got a letter from Anita the same as we did and he's ready to talk, to name names including his commander Trent Daley and several others. He was pretty much bottom of the totem pole and Anita never knew of his involvement. Now he wants to make them pay for killing the woman he loved and his baby. He's waiting for us at,' he named a park in the area, 'so let's go,' he nodded goodbye to Tony then strode out of the room and down the corridor. Kate and McGee both said their own goodbyes before following their boss, all the pieces were finally falling into place and the light at end of this seemingly endless tunnel was finally getting bigger and brighter as they closed in on this ruthless band of felons.

(4)

Commander Trent Daley was hurriedly packing, he didn't care what Jackson was saying he could tell that everything had gone to hell and he wasn't about to wait around any longer, he was out of here with his cut and a little bit extra that he'd skimmed off the top. NCIS was getting to damn close and it didn't matter that the Cottell woman had basically taken DiNozzo out she had still been captured and it was only a matter of time before they got her to talk because she wouldn't go down on her own and he couldn't blame her for that.

Slamming the last of his bags shut he headed for the front door already envisioning himself sipping a fancy cocktail or nice cold beer in a nice safe tropical haven. No, he wasn't waiting around one moment longer, his bags were packed and his passage booked all he had to do was get out of here before the MPs and NCIS descended on him.

Throwing the last of his luggage into the back of the car he sighed with relief only a few more minutes that was all he needed, just a few more minutes and he would be on his way. Quickly he climbed into the vehicle, started her up and then activated the electronic garage door and what he saw in the rear view mirror almost made him sob in frustration,

Military Police vehicles blocked his path and he saw the same young agent who had interviewed him walk up the window and give him a smug look. 'Going somewhere Commander,' he asked as the Military Police moved in to make their arrest.

As they did their job, McGee pulled out his mobile phone and punched a speed dial waiting for his call to be answered. 'Kate, tell the Boss we got him,' was all he said when Todd answered then he turned and headed back to his vehicle. One down, one to go he thought to himself as he gunned the engine and headed back to base.

(5)

'Anita sent me that letter,' Petty Officer Terry Kennedy told Gibbs,' He'd told them his story when they'd met and he was now in NCIS interview room. 'I loved her and she was carrying my child but I didn't know that until this letter arrived. She was trying to flee when they killed her.'

'Who are they?' Gibbs asked

'Commander Daley and Special Agent Jackson,' there was no hesitation in the reply.

'And you know this how. Petty Officer Kennedy.'

'I was a part of the operation, that night while Brad and Darren were beating Special Agent DiNozzo half to death I was helping rob the supply store. We've also been running drugs as well Special Agent Gibbs, mainly medical type drugs. I had no idea until Anita sent me this letter that she was the one who had sent Agent DiNozzo there that night but she told me that in that letter how she had to do it and how she was now scared for her life and had to leave but how she wanted me to join her when she was settled someone safe.' He swallowed hard. 'If she'd have known that I was involved in this whole sordid mess I don't think she'd have made me the offer.'

Gibbs nodded. 'I understand that but how do you know that Daley and Jackson killed Anita.'

'Because I heard the Commander and Jackson talking about the fact that one loose end had been tired and that two more had to be taken care of, Jackson said he'd take care of that. He was so damn cocksure that he could cover the tracks so you never found out. I guess he never considered that Special Agent DiNozzo would survive his injuries and name his attackers. They never knew I heard their discussion or I would have been the next victim.'

'Why didn't you come to us sooner?' Gibbs tone was hard.

Petty Officer Kennedy shrugged.

'That's not an answer,' Gibbs told him.

'I know but what do you want me to say sir? I was greedy; I could only see the dollar signs that were dangled before my eyes. I didn't care who got hurt so long as I got what I wanted and didn't end up dead myself.'

'Yet they killed the woman you say you loved and you didn't do a damn thing about it,' Gibbs snorted in disgust. 'You could have come to us then you know.'

'I know,' Kennedy nodded. 'Don't you think I realise that.'

Gibbs just gave the younger man a look of disgust as he concluded the interview and left the room, Kate walking over to advise him that they had Daley and were bringing him in as well.

'Good,' Gibbs replied his eyes filled with a steely grim determination. 'Lets go round up the rest of them Kate.'

'Jackson is outside,' Kate told him. 'It looks like he's none the wiser that we're right onto him.'

'Then lets go get him,' Gibbs headed for the bullpen and looked across at Tony's desk where Vince Jackson had been working. It was empty and there was only a few other agents in the office. 'Where is Special Agent Jackson,' he asked Agent Lana Maitland.

'He said he was going to the hospital,' Lana replied. 'Said he wanted to say goodbye to Tony before they turned off the machines,' she frowned as Kate and Gibbs raced for the elevator. 'Well is there something wrong with that?' she called after the pair and then with a sigh she turned back to her computer and the case that she was currently working on.

'Damn it Gibbs he knows we're onto him,' Kate groaned in frustration. 'He's somehow worked out that we're onto him. Do you really think he's gone to the hospital?'

'Kate he's not stupid, he's cunning'

'I take that as a no'

'Look Kate if he does go to the hospital I left a gun with Tony for his own protection in just such a case. My gut tells me he hasn't gone to the hospital.'

'What I want to know is how he found out we were onto him.' Kate jumped into the passenger side of the car and buckled herself in tightly.

'We'll ask him when we catch him.'

'Ah what if we don't catch up with him Gibbs,' Kate ventured to enquire.

'We'll ask him when we catch up with him,' Gibbs ground out through clenched teeth as he gunned the engine and screeched out of the car park at great speed.

(6)

Vince Jackson wasn't surprised that Gibbs and the team were onto him, he hadn't really bought the story about DiNozzo and he cursed the fact that he hadn't gone in as Tony's brother and gotten the job done himself instead of recruiting Cottell's mother and having that stupid bitch botch the job. He also knew that she would have fingered him added to fact that they head Kennedy in custody meant that they were closing in and it was time for this particular bird to fly.

He had a one way ticket to paradise and they would never be able to touch him there, oh yes that was the beauty of it, he would be rolling in all this lovely money, so much more then he could have ever made in this thankless dead end job in three working lifetimes and he'd be way Scott free and untouchable leaving those other fools to take the fall. Yes it was over, and he'd fooled them all and won.

With just a one way ticket and only the bare essentials that he needed until arrived at his ultimate destination he headed for the airport and freedom, nothing was going to stop him now not even the might Jethro Gibbs,' he laughed as he put his foot to the floor even harder, he was home free and in his mind he was thinking about all that lovely money and how he was going to spend it all the beautiful babes it was going to entice his way.

He never heard the trucks air horn or even saw the heavy vehicle until it was way too late, the crunch of metal on metal sickening as the smaller vehicle literally crumpled beneath the impact of the larger, heavy vehicle also travelling at speed.

By the time the shaken truck driver was able to stop his vehicle there was very little left of Vince Jackson or his vehicle, yes it was all over and Vince Jackson had not been a winner, he'd lost everything including his life.

(7)

Gibbs and Kate stood and looked at the mangled wreckage in which Vince Jackson had died, it was over, this case was finally over but not the way they'd wanted it to be. The surviving members of the operation were now all under arrest and had been charged for a wide range of offences that they'd committed. However, the fact that Jackson was dead grated on Gibbs, he'd wanted him to face the music along with the rest of his fellow thieves and murderers but that was not going to happen now, and it had all been over quickly as well with Ducky advising that it was highly likely that Jackson had died on impact or fairly soon after.

'Come on Gibbs,' Kate said softly. 'Let's go and tell Tony that the case is closed shall we.'

Gibbs nodded taking one last glance at the mangled wreckage before they headed to the hospital to tell Tony that it was over and another case had been closed.


	10. Epilogue

**EPILOGUE **

**Five Weeks Later **

'Honey I'm home,' Tony called cheerfully to Kate as he returned to the office after his recuperation.

'Tony!' she looked up in surprise. 'Hi. I didn't think you were due back yet,' she simply said before turning back to her computer and the report she was typing.

'Oh really,' DiNozzo deflated. 'Funny Caitlin I sort of expected a more enthusiastic welcome back then that. 'he walked to his desk. 'Silly me.'

TONY!' he smiled his mega watt smile as Abby bounded into the room her face beaming. 'Oh God it's good to have you back,' she raced around his desk to give him a hug and he now had his back to Kate and couldn't see her waving frantically and shaking her head at Abby.. 'We've all missed you so much,' Abby told him. 'Especially Kate.'

'Oh really,' he looked over his shoulder and gave her one of his sly gotcha looks.

'Oh yeah,' Abby continued. 'Kate couldn't get on with any of the temps they had here while you were off in hospital and then recovering,' she gave Kate a cheeky smile. 'Well you just take care and I'll see you later,' she gave him a kiss that had Kate wondering yet again about if there was a relationship between them or not. 'Oh Ducky is going to pop up and say hello too but he's just busy at the moment.'

'Yeah see you later Abby,' he smiled as he watched her go and then turned back to Kate

'Oh you did miss me, you do care,' he gave her a puppy dog look that was quickly replaced with another smile before he sat down at the desk the grin getting wider by the second and Kate wishing the ground would open up and swallow her or wondering how she could possibly get away with wringing Abby's neck.

DiNOZZO,' Tony jumped to his feet as Gibbs entered the office bellowing his name.

'Yes Boss, I'm here. I'm not late,' he glanced at the clock. 'I'm early actually.'

'I know,' Gibbs stopped in front of him and then smiled. 'Welcome back Tony,' he said before poking the younger man in the chest. 'We missed you and it's good to see you back fully recovered but be warned, if you ever pull that stunt of not contacting me again and denying me the opportunity of deciding if you go solo or not, I will kill you myself. Understood.'

'Yes boss. Totally,' Tony fought to suppress the smile that threatened to break out. It was good to be back, hell yeah he was home again and it felt damn good.

It was two hours later when Gibbs got the call and before he'd hung up Kate and Tony were already on high alert.

'What's up boss?' Tony asked

'Both of you go and pack we're going to Baltimore'

'Baltimore,' a frown creased Tony's brow

'Yes DiNozzo Baltimore,' Gibbs shook his head at him. 'You do remember it don't you.'

'Of course boss.' Tony said softly and Kate could tell that he wasn't very happy about going back to Baltimore and she had to wonder why

'Well we're going there, now both of you go and pack. You've got forty minutes before he leave.'

'Yes boss,' the pair said in unison as they switched off their computers and headed for the elevator.

Great, just great Tony thought to himself as he got into his car and headed home to pack. Baltimore held so many memories most of them unhappy ones and now he was going to have to confront all the ghosts he'd left behind, all the ghosts that seemed, at least in his mind, to reside on every corner of the Streets of Baltimore.

A/N – Streets Of Baltimore coming 2005 grin Well hopefully. Once again thank you to everyone who read Agent Down and reviewed. It was much appreciated.


End file.
